The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an individual or a corporation, who is in a position to exercise complete control over the matters to which the duties extend. An employer can control the conditions of work of his employees and the manner in which he conducts his undertaking.’
Lord Goff said ‘for the purpose of considering whether the defendant has discharged the onus which rests upon him to establish that it was not reasonably practicable for him, in the circumstances, to eliminate the relevant risk, there has to be taken into account (inter alia) the likelihood of that risk eventuating. The degree of likelihood is an important element in the equation. It follows that the effect is to bring into play forseeability in the sense of likelihood of the incidence of the relevant risk, and that the likelihood of such risk eventuating has to be weighed against the means, including cost, necessary to eliminate it.’
Judges:
Lord Jauncey of Tullichettle
Citations:
[1990] 1 AC 619
Statutes:
Health and Safety at Work etc Act 1974
Jurisdiction:
England and Wales
Citing:
Cited – Edwards v National Coal Board CA 1949
A regulation encompassed a requirement to take specified action, so far as it is reasonably practicable, in order to prevent danger. Asquith LJ discussed the term: ”Reasonably practicable’ . . seems to me to imply that a computation must be made by . .
Cited by:
Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Cited – Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another Admn 26-Apr-2005
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of . .
Cited – Mann v Northern Electric Distribution Ltd CA 26-Feb-2010
Climb over high fence was unforeseeable
The claimant appealed against dismissal of his claim for damages after suffering very severe injury when climbing onto an electricity substation. He said that the defendant had not satisfied its statutory obligation to fence off the substation. The . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 21 June 2022; Ref: scu.184757