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Margaret Diamond, General Counsel; Sophie Redmond, Executive Counsel; Greg Robertson, General Counsel, Harmers Workplace Lawyers
What is reasonably practicable in ensuring health and safety?
Each of the health and safety duties are qualified by the concept of what is “reasonably practicable” in ensuring health and safety in the circumstances. The duty-holder is required to identify features of their business or undertaking where there are risks to health and safety and then determine what specific steps must be taken to eliminate or minimise those risks. The duty requires consideration of what the duty-holder should reasonably be expected to know in addition to what they actually know. The concept of “reasonably practicable” also takes into account the cost of eliminating or minimising the risk and requires duty-holders to consider the content of the relevant Codes of Practice.
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