Chapter 5: ‘Reasonably Practicable’ and Risk Management
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Reference
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4
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‘Reasonably practicable' should be used to qualify the duties of care, by inclusion of that expression in each duty of care, except for the duties of officers, workers and other persons for whom different qualifiers are proposed.
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Page 33
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5
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‘Reasonably practicable’ should be defined in the model Act.
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Page 33
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‘Reasonably practicable’ should be defined in the model Act in a way which allows a duty holder to understand what is required to meet the standard.
Note: Our example clause is provided at paragraph 5.55.
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Page 35
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The meaning and application of the standard of reasonably practicable should be explained in a code of practice or guidance material.
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‘Control’ should not be included in the definition of reasonably practicable.
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The principles of risk management should:
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be identified in a part of the model Act setting out the fundamental principles applicable to the model Act;
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while implied in the definition of reasonably practicable, not be expressly required to be applied as part of the qualifier of reasonably practicable; and
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not be expressly required to be applied by the duties of care.
Note: The principles will be dealt with in our second report.
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Page 37
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