Understanding ‘Reasonably Practicable’ in WHS Legislation
Have you ever wondered why the Work Health and Safety (WHS) Act uses the term ‘reasonably practicable’ instead of just ‘practical’? At first glance, it might seem like an odd choice, but there’s a very deliberate distinction between the two terms.
Practical vs. Practicable
- Practical: Refers to something that is sensible or logical in effect. If an idea or solution seems reasonable or appropriate, it can be described as practical.
- Practicable: Goes a step further. It refers to something that can be successfully put into practice. It’s not just about being logical—it’s about being actionable and achievable.
In the context of WHS legislation, the focus is on what can actually be done to ensure safety in the workplace. That’s why the term ‘reasonably practicable’ is used. It implies action and highlights that measures must be both realistic and capable of being implemented effectively.
The Intent Behind ‘Reasonably Practicable’ This term underscores a key principle of WHS laws: it’s not enough to identify what is sensible; the focus must be on what can be done in practice to mitigate risks and ensure safety. It requires consideration of factors like:
- The likelihood of a hazard or risk occurring.
- The degree of harm that might result.
- The knowledge about the risk and ways to eliminate or minimize it.
- The availability and suitability of control measures.
- The cost of implementing these measures, weighed against the risk.
By using ‘reasonably practicable,’ the legislation encourages a proactive and achievable approach to safety—one grounded in reality rather than just theory.
In summary, while ‘practical’ may seem like the simpler term, ‘practicable’ carries greater weight in the context of WHS. It’s about what can be successfully implemented to safeguard people. This deliberate choice of words highlights the action-oriented and achievable nature of workplace safety obligations—a cornerstone of the WHS Act.
Download our WHS Due Diligence Scorecard here to understand what is “Practicable” for your organisation to do in order to meet WHS Legislation compliance.
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