“Reasonably practicable” is used in the WHS Act to qualify the duties owed by persons in control of the business or undertaking – s 19 to s 26
This qualification is a change for NSW employers who have had to deal with the OHS Act 2000 which required the employer to ensure the health, safety and welfare at work of employees. “Ensure” was interpreted by the courts as meaning to "guarantee, secure, make certain".
Similarly other groups had a duty “to ensure”, self-employed persons, controllers of work premises, plant or substances; and designers, manufacturers and suppliers of plant and substances for use at work.
The prosecution is now required to prove what “reasonably practical” steps a defendant could have taken to avoid breaching their duty to ensure safety.
The WHS Act sets out what is required to establish what is “reasonably practical” for persons in control of a business or undertaking. It sets the following standard: