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GuidanceArticle

Reasonably Practicable

“Reasonably practicable” can sound legalistic, but it is a common-sense idea. We break down what it means for duty holders in practice.

Did you know?

Let’s face it, the phrase “reasonably practicable” can sound abstract or overly legalistic at first glance. But once you break it down, it’s actually a common sense idea. It simply means doing what can reasonably be done to manage health and safety risks in a given situation.

If you’re a duty holder under the Health and Safety at Work Act 2015, you’re not being asked to remove every possible risk, no matter the cost. What you are expected to do is take steps that are proportionate and effective, based on what you know and what you can reasonably be expected to know.

Let’s walk through how this plays out in practice.

1. It’s a balance between the level of risk and the effort needed to control it

Imagine you’re overseeing a task involving high-powered machinery. The law expects you to weigh up how likely it is that something could go wrong, how severe the consequences could be, and what you can do to prevent or reduce that harm. Then you make a judgment about what actions are reasonable to take. The higher the risk, the stronger your control measures should be. The expectation rises with the level of potential harm.

2. The hierarchy of control is your guide

This concept is built into HSWA 2015. Start by asking if the risk can be eliminated. If that’s not reasonably practicable, then look at substitution, isolation, or engineering solutions. Only after exhausting those options should you turn to administrative controls or personal protective equipment. The goal is to use the most effective control measures you can, given the situation.

3. Cost and feasibility matter, but they’re not the whole story

Of course, there’s a point where certain controls might be technically impossible or wildly expensive. The law allows for that. But the cost of control must be grossly disproportionate to the level of risk before you can rule it out. Just because something is costly or inconvenient does not mean you can avoid doing it.

4. Industry standards are helpful, but not always enough

Let’s say you’re meeting the minimum requirements for your sector. That’s a good start, but not necessarily the end of the conversation. If you know of a better, reasonably achievable way to manage a risk, and you choose not to act on it, you may not be meeting your duty. You are expected to stay current with industry knowledge, best practice, and technological improvements.

5. It’s a continuous responsibility, not a one-time check

“Reasonably practicable” is not a tick-box exercise. Circumstances change. New risks can emerge. Control measures can degrade over time. That’s why duty holders are expected to keep reviewing their risk controls and updating them as needed. It’s about being proactive, not just reactive.

6. Ask yourself, “What would a reasonable person do in my shoes?”

This is the test that underpins the whole concept. If something goes wrong, an investigation will ask, “Given what was known at the time, would a reasonable and competent person have done more?” That’s how the regulator, the courts, and your workers are likely to assess your actions.

Wrapping up

Being “reasonably practicable” under HSWA 2015 means making informed, proportionate, and effective decisions about health and safety. It’s not about perfection. It’s about showing that you have considered the risks, taken meaningful action, and kept your controls under review.

NZ Safe 22

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