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Safety Update: What is "Reasonable Care"?

How do you as a manager determine what is reasonable and practicable when you are implementing a Health and Safety system?

One of the first guidelines would be to ensure you are compliant with appropriate OHS laws, regulations and codes; secondly whether you are following or implementing the requirements set by a recognized voluntary standard; see Orduna v. Total Construction Services, Inc., 2006 Neb. LEXIS 64, May 5, 2006]. The Orduna case, also applicable to Canada, illustrates an important point: OSHA/OHS standards may be relevant in determining if an employer was negligent in its operation of the workplace - even if the injured person isn't an employee.

To determine what is REASONABLE also depends on your organization and you should take into account a number of factors including:

  1. The knowledge and experience of the workers
  2. The nature of the work
  3. The likelihood of an incident
  4. The potential severity of an incident
  5. The workers ability to prevent an incident
  6. Whether there is a safer alternative

If there are opportunities to improve the safety of a specific task do you have to implement the safer solution, process, etc.?

You must be able to show sound judgment and reflect on what can sensibly be done while bearing in mind the Risks (severity and likelihood). So ultimately we have to look into what is PRACTICABLE; which can include the following:

  1. Resources that you have at your disposal (these include people, equipment and money)
  2. Is it a feasibility solution
  3. Urgency

The Topic for Sept 20: Transport Safety

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eCompliance provides information about topical OH&S issues to assist existing and potential customers to cope with their own OH&S needs. It is not intended to be legal information or legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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