Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.
Meaning of ‘reasonably practicable”
Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours.
that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters
Other employers want to know where they stand.
Under the section 18 of the Model Act, “reasonably practicable” means
By themselves, these words aren’t much of a guide, so the Act includes examples of “relevant matters”, among them: • the likelihood of a hazard or risk occurring • the degree of harm that might result • what the employer knows or ought reasonably know about the hazard or risk, and ways of eliminating or minimising hazard or risk • the availability and suitability of ways to eliminate or reduce hazard or risk • the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk
Each state and territory has its own occupational health and safety laws. However most line up with the so-called Model Act, intended to harmonise state laws. Under section 17 it imposes on employers a duty to, so far as is reasonably practicable, ensure health and safety by eliminating or minimising risks. This employer’s duty applies not only to its employees, but also to other types of workers including independent contractors.
Meaning of ‘likelihood’
Employers should make themselves aware of the risk of an air quality hazard. This can be achieved by checking the most up to date air quality index in the location on an environment protection authority website: • • • • •
NSW • Victoria Queensland • South Australia Western Australia • Tasmania Northern Territory Australian Capital Territory
2020 February Issue | 21
