The HSW (HS) Regulations place a number of duties on a PCBU (person conducting a business or undertaking) to ensure, so far is as reasonably practicable, certain matters are done or implemented. These include matters relating to:
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Labelling (regulation 2.2)
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Packaging (regulation 2.13)
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Emergency response plans (regulations 5.11 and 5.12)
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Labelling of containers in a laboratory covered by Part 18 (regulations 18.9 and 18.10)
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The use of antifouling paints (regulation 13.22)
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Ventilation of fumigation area (regulation 14.16)
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Management of fumigation buffer zone (regulation 14.38)
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Parking of tank wagons (regulation 15.73)
For example, regulation 2.2 requires that a PCBU must, so far as is reasonably practicable, ensure that a container that contains a hazardous substance retains the manufacturer or importer label and that the label is maintained in a legible condition.
The HSW (HS) Regulations do not define what is reasonably practicable. Section 22 of the Health and Safety at Work Act (HSWA) provides the following definition, although strictly speaking this only applies to duties in subpart 2 of Part 2.
In this Act, unless the context otherwise requires, reasonably practicable, in relation to a duty of a PCBU set out in subpart 2 of Part 2, means that which is,or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including—
(a) the likelihood of the hazard or the risk concerned occurring; and
(b) the degree of harm that might result from the hazard or risk; and
(c) what the person concerned knows, or ought reasonably to know, about—
(i) the hazard or risk; and
(ii) ways of eliminating or minimising the risk; and
(d) the availability and suitability of ways to eliminate or minimise the risk; and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
This definition may be applied in other contexts if appropriate. In particular, while the matters listed in (a) to (e) above may not apply in every case, we consider the basic meaning of reasonably practicable as being that which is, or was, at a particular time, reasonably able to be done - taking into account and weighing up all relevant matters to be broadly applicable.
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