Under section 18 of the Work Health and Safety Act 2011 (Qld), “reasonably practicable” means what is, or was at the time, reasonably able to be done to ensure health and safety, after weighing the likelihood and degree of harm, what you know, the available ways to control the risk and, last of all, the cost.
“So far as is reasonably practicable” sits inside many Queensland WHS duties. It does not mean “whatever is cheap” or “whatever other businesses do”. This guide covers section 18, three illustrations, cost and how to record your reasoning.
What does “reasonably practicable” mean under Queensland WHS law?
Section 18 defines the term for the whole Work Health and Safety Act 2011 (Qld) (the WHS Act). In relation to a duty to ensure health and safety, it means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters including those listed in section 18(a) to (e). Three things stand out:
- “Weighing up”. You balance the matters against each other. No single one decides the answer.
- “Including”. The five listed matters are not a closed list.
- “Is, or was at a particular time”. The question looks at what was reasonably able to be done at the relevant time, so it helps to keep records made at the time.
The matters you must weigh up under section 18
| Section 18 | The matter | The question to ask |
|---|---|---|
| (a) | The likelihood of the hazard or risk occurring | How likely is it that this goes wrong? |
| (b) | The degree of harm that might result | If it does, how bad could it be? |
| (c) | What you know, or ought reasonably to know, about the hazard or risk and about ways of eliminating or minimising it | What do the manual, the supplier, your workers, past incidents and any approved code tell you? |
| (d) | The availability and suitability of ways to eliminate or minimise the risk | Can you get a control, and will it work in this job? |
| (e) | After assessing the extent of the risk and the available ways of dealing with it, the cost of those ways, including whether the cost is grossly disproportionate to the risk | Only now: what does each option cost, and is that grossly out of proportion to the risk? |
Paragraphs (a) to (d) are about the risk and the ways to control it. Cost appears in paragraph (e), and the text says it comes “after assessing” the risk and the available ways of dealing with it. Cost is not the starting point.
Where “so far as is reasonably practicable” appears
- Section 17 of the WHS Act. A duty to ensure health and safety requires a person to eliminate risks so far as is reasonably practicable and, if that is not reasonably practicable, to minimise them so far as is reasonably practicable.
- Sections 19 to 26 of the WHS Act. The primary duty of a person conducting a business or undertaking (PCBU) in section 19, the duties of those who manage or control workplaces or plant (sections 20 and 21), and the duties of designers, manufacturers, importers, suppliers and installers (sections 22 to 26) all use the phrase.
- Sections 35 and 36 of the Work Health and Safety Regulation 2011 (Qld). A duty holder must eliminate risks so far as is reasonably practicable, then work through the hierarchy of control measures.
- Related: section 27 of the WHS Act. This section does not use the phrase, but officers must exercise due diligence, which under section 27(5)(c) includes taking reasonable steps to ensure the business has, and uses, appropriate resources and processes to eliminate or minimise risks.
Does cost let you skip a control?
Not on its own. Under section 18(e), cost is considered after the risk and the available controls have been assessed, and the section asks about gross disproportion, not simply whether a control costs money.
The Queensland approved How to Manage Work Health and Safety Risks Code of Practice 2021 puts it in practical terms: cost (including time and effort, not only money) is one factor, it can be taken into account in deciding what is reasonably practicable but cannot be used as a reason for doing nothing, and the greater the likelihood or extent of harm, the less weight should be given to cost.
Three small-business illustrations
These are made-up illustrations of how the matters can be weighed. They are not legal outcomes; a real situation turns on its own facts.
1. A guard on a saw
A small joinery shop runs a table saw daily. Hands are near the blade for much of the day (likelihood), the injury could be severe and permanent (harm), the manufacturer and supplier both describe the guard (knowledge), a guard that fits the saw is readily obtainable (availability), and the cost is modest next to the harm. Weighed together, fitting and using the guard is clearly what is reasonably able to be done. If guarding is used as a control for plant, section 208 of the Work Health and Safety Regulation 2011 (Qld) also sets the kind required: a permanently fixed barrier where access is not needed, or an interlocked one where it is, with step-down options only where the earlier option is not reasonably practicable. See also machine guarding.
2. A ladder or an elevating work platform
A painter needs to reach a high fascia. For a short, light task a ladder may be available, suitable and proportionate. For a full day at the same height, an elevating work platform (EWP) or scaffold is a safer option that is also available. The Queensland approved Managing the Risk of Falls at Workplaces Code of Practice 2021 says ladders should only be considered after safer alternatives such as EWPs or scaffolding have been considered first and found to be not reasonably practicable. The hire cost is real, but it is weighed against the likelihood and degree of harm from a fall. See ladder safety and the EWP licence guide.
3. A heat plan for outdoor work
A landscaping crew works outside through a Queensland summer. Eliminating the hazard is not reasonably practicable and air-conditioning a paddock is not a suitable control, but section 17 of the WHS Act still requires the risk to be minimised so far as is reasonably practicable. A sensible plan weighs controls that are available and suitable: shade and cool drinking water, heavy work in the cooler parts of the day, task rotation and rest breaks, and training on early signs of heat-related illness. The Queensland approved Managing the Work Environment and Facilities Code of Practice 2021 says conditions and worker health must be monitored when work involves prolonged or repeated exposure to heat. See managing heat stress.
Are all duties “reasonably practicable”?
No. In the provisions we checked, some duties are written without the qualifier:
- Section 38(1) of the WHS Act: a PCBU must ensure the regulator is notified immediately after becoming aware that a notifiable incident has occurred.
- Section 34 of the Work Health and Safety Regulation 2011 (Qld): a duty holder managing risks must identify reasonably foreseeable hazards.
- Section 37 of the Regulation: a control measure must be, and be maintained so that it remains, effective.
- Section 78(4) of the Regulation: a PCBU must provide safe means of access to and exit from the workplace and fall-risk areas. Section 78(3) next to it is qualified.
This is not a complete list, so read the exact wording of the provision that applies. Workers have a different standard again: section 28 of the WHS Act requires them to take reasonable care.
Codes of practice and what is reasonably practicable
An approved code of practice is guidance rather than law in itself. But section 26A of the WHS Act requires a PCBU to comply with an approved code, or to manage the hazards and risks in a way that is different but provides an equivalent or higher standard of health and safety. Under section 275, a court in an offence proceeding can have regard to the code as evidence of what is known about a hazard, risk assessment or risk control, and can rely on it in determining what is reasonably practicable.
How to record your reasoning
Sections 34 to 38 of the Work Health and Safety Regulation 2011 (Qld) set out the risk management steps. Your records show you followed it:
- Identify the hazards (section 34). See hazard versus risk and when to carry out a risk assessment.
- Assess the risk, noting likelihood and degree of harm. A risk matrix is one way. The approved code says that if you already know the risk and how to control it effectively, you can implement the controls without a formal risk assessment, so match the paperwork to the risk.
- List the options and apply the hierarchy (section 36): substitution, isolation or engineering controls, then administrative controls, then personal protective equipment. Note why each higher option was or was not reasonably practicable.
- Record the reasons: what you knew, what was available and suitable, and the cost comparison if cost affected the choice. The approved code says the detail should suit the size of the workplace and the potential for major issues.
- Maintain and review (sections 37 and 38). Section 38(2) requires review and revision where needed, including when a control is not controlling the risk, before a workplace change that may create a new risk, and when a new hazard or risk is identified.
The free risk assessment template gives you a place to record each step, the free hazard report form lets workers flag problems, the plant risk assessment form suits machines like the saw above, and the risk management policy and procedure sets out how your business makes these decisions. See also our risk assessment examples and WHS management system guide.
Common misunderstandings
- “It means what other businesses do.” Section 18 asks what is reasonably able to be done, weighing the listed matters. What others do may show you available controls, but section 18 does not make industry practice the test.
- “It just means affordable.” Cost is the last listed matter, and the section asks whether it is grossly disproportionate to the risk.
- “Small businesses are exempt.” Section 19 applies to every PCBU, and section 18 lists no exemption based on business size.
- “A code of practice is optional.” Section 26A requires you to comply with it or achieve an equivalent or higher standard another way.
- “Once decided, it’s settled.” Section 38 of the Regulation requires controls to be reviewed and revised as needed.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
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