Government's 'zero harm' approach resulted in the unlawful closure of entire mines, and contributed to a 10% to 14% drop in productivity, exports and profits in mining in the last year.
"It has become vital to debate the measure of risk allowable across various industries," said Willem le Roux, occupational health and safety law specialist at legal firm Brink Cohen Le Roux, at a Lexis Nexis workshop.
Le Roux told the workshop during a debate on risk tolerance in law, by citing the legal criterion of a 'reasonable person,' that H&S legislation required 'reasonably practicable' measures, not absolute measures. "Why aim at an unachievable target, instead of setting meaningful goals?" Le Roux asked the conference.
"Reasonable persons are not timorous, fainthearted, or in trepidation of injury, but venture, engage and take reasonable changes," he cited court judgements. "Reasonable people and organisations plan, prepare, gain and apply knowledge and experience, in a moderate and prudent way. “Inspections are often selective, and business stoppages could be unfair, and merely reactive, leading employees to disengage from their responsibilities, and causing disruptions, which aggravate risks during subsequent startups."
Safety closures cost mines 10%
Government's 'zero harm'
approach resulted in the unlawful closure of entire mines, and contributed to a 10% to 14% drop in productivity, exports and profits in mining in the last year.
"It has become vital to debate the measure of risk allowable across various industries," said Willem le Roux, occupational health and safety law specialist at legal firm Brink Cohen Le Roux, at a Lexis Nexis workshop.
Le Roux told the workshop during a debate on risk tolerance in law, by citing the legal criterion of a 'reasonable person,' that H&S legislation required 'reasonably practicable' measures, not absolute measures. "Why aim at an unachievable target, instead of setting meaningful goals?" Le Roux asked the conference.
"Reasonable persons are not timorous, fainthearted, or in trepidation of injury, but venture, engage and take reasonable changes," he cited court judgements. "Reasonable people and organisations plan, prepare, gain and apply knowledge and experience, in a moderate and prudent way. “Inspections are often selective, and business stoppages could be unfair, and merely reactive, leading employees to disengage from their responsibilities, and causing disruptions, which aggravate risks during subsequent startups."
|BACK| COMMENT |