• Control & Reasonableness in WHS/OHS Legislation

  • Apr 28 2024
  • Length: 10 mins
  • Podcast
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Control & Reasonableness in WHS/OHS Legislation

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  • Summary

  • In this episode of Risk! Engineers Talk Governance, Richard Robinson and Gaye Francis discuss control and reasonableness in WHS/PHS legislation.

    They explain that the WHS/OHS legislation is a statutory statement of the common law duty of care and a defence against negligence, and that there’s two primary controls for negligence defence: no power defence (lack of control) and doing every reasonably practicable thing to address the matter. The aspect of control is built into the reasonableness decision in the legislation.

    The episode also covers:

    • the importance of not getting caught up in arguments about responsibility and instead taking collective responsibility for addressing hazards.
    • Lord Atkin's question "Who is my neighbour?" and how the legal ruling relates to design process and retrospective design review.
    • the benefits of the due diligence approach in bringing key stakeholders together to collectively address safety issues.

    The Criminal Manslaughter booklet mentioned can be found at https://www.r2a.com.au/store/p/r2a-criminal-manslaughter-directors-booklet

    For more information on Gaye and Richard’s due diligence work at R2A, head to https://www.r2a.com.au/

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