Measures to Control Risk.

1.2 Know the hierarchy of measures to control risk and how the principle of ‘so far as is reasonably practicable’ will affect their application

Issues:

There is is hierachy of control measures that says:

1. It is best to remove - or substitute the hazard (e.g. fibreglass for asbestos).

2. Should this not be possible, suppress exposure as much as possible (e.g dampen dust).

3. If this doesnt work, enclose (fume cupboard) and then ventilate.

4. The last resort is to rely on Personal Protective Equipment, as it is in constant need of attention.

Both civil and common law require employers to do everything to control risk - "so far as is reasonably practicable".

This says that if the costs of rectifying the situation seriously outweigh the risk, then an employer has satisfied their "duty of care"

Task:

1. Identify practicable options

Identify the best practicable option for reducing risks. The best practicable option is that which controls the risk as good as is technologically feasible. In other words, if there is a system in operation that demonstartes best practice, that is the "best practicable". Butif a system has not yet been devised, then nobody is expected to invent one.

2. Explain difference between "practicable" and "reasonably practicable"

The word "reasonably" introduces the element of cost into the equation. In other words, something may be technically feasible, but be far too expensive to implement.

3. Determine what is "reasonably practicable"

Does this mean that an employer can just say "We cant do this because it costs too much"? No. They have to demonstrate that costs of implementation seriously outweigh the risks involved, and they should show that they have made that computation/calculation. Compute costs v risks...link to Redgraves (farm court cases?) for examaples

Resources

Reasonably Practicable: A computation made in which the quantum of risk is placed on one scale, and the disadvantages involved in the measure necessary for averting the risk is placed upon the other. If it be shown that there is a gross disproportion between them - the risk being insignificant in relation to the sacrifice - the defendants discharge the onus on them. More definition from HSE.

EU Commision takes UK to Court because "Reasonably practicable flouts Framework Directive" (pdf). ECJ judgement by end of 2007

Time 2 hours

Recommend control measures