The reasonable person is not any particular person or an average person… The reasonable person looks before he leaps, never pets a strange dog, waits for the airplane to come to a complete stop at the gate before unbuckling his seatbelt, and otherwise engages in the type of cautious conduct that annoys the rest of us… “This excellent but odious character stands like a monument in our courts of justice, vainly appealing to his fellow citizens to order their lives after his own example.”
Archives For due diligence
I’ll give you a hint it’s not pretty
Current Australian rail and workplace safety legislation requires that safety risks be either eliminated, or if that’s not possible be reduced, ‘so far as is reasonably practicable’. The intent is to ensure that all reasonable practicable precautions are in place, not to achieve some target level of risk.
There are two elements to what is ‘reasonably practicable’. A duty-holder must first consider what can be done – that is, what is possible in the circumstances for ensuring health and safety. They must then consider whether it is reasonable, in the circumstances to do all that is possible. This means that what can be done should be done unless it is reasonable in the circumstances for the duty-holder to do something less.
This is a real and intractable problem for standards that determine the degree of effort applied to treat a hazard using an initial assessment of risk (1). Nor can the legislation be put aside through appeals to such formalisms as the ALARP principle, or the invocation of a standard such as AS 61508 (2). In essence if you can do something, regardless of the degree of risk, then something should be done. Continue Reading…