Definition(s)
All Practicable Steps
Employers have a general duty to take all practicable steps to ensure the safety of employees (section 6). In particular, they are required to take all practicable steps to:
• Provide and maintain a safe working environment;
• Provide and maintain facilities for the safety and health of employees at work;
• Ensure that machinery and equipment is safe for employees;
• Ensure that working arrangements are not hazardous to employees; and
• Provide procedures to deal with emergencies that may arise while employees are at work.
Taking “all practicable steps” means doing what is reasonably able to be done in the circumstances, taking into account:
• The severity of any injury or harm to health that may occur;
• The degree of risk or probability of that injury or harm occurring;
• How much is known about the hazard and the ways of eliminating, reducing or controlling it; and
• The availability, effectiveness and cost of possible safeguards.
An employer or other person is only required to take “all practicable steps” in relation to circumstances that they know, or ought reasonably to know about (section 2A).
Source: Guidelines for Occupational Diving 2004, Occupational Safety and Health Service, New Zealand, updated October 2010. Regulatory Guidance
All Practicable Steps
Taking “all practicable steps” means doing what is reasonably able to be done in the circumstances, taking into account:
• The severity of any injury or harm to health that may occur;
• The degree of risk or probability of that injury or harm occurring;
• How much is known about the hazard and the ways of eliminating, reducing or controlling it; and
• The availability, effectiveness and cost of the possible safeguards.
Source: Approved Code of Practice for Managing Hazards to Prevent Major Industrial Accidents, Health and Safety in Employment Act 1992, Department of Labour, New Zealand, July 1994. Regulatory Guidance
All Practicable Steps
(1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—
(a) the nature and severity of the harm that may be suffered if the result is not achieved; and
(b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
(c) the current state of knowledge about harm of that nature; and
(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and
(e) the availability and cost of each of those means.
(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
Source: Health and Safety in Employment Act 1992, Public Act 1992 No 96, New Zealand, as of 1 July 2011. Legislation