The self-regulatory yet penal nature of the WSHA imposes an onerous obligation on the employer. Employers are now obliged to continually monitor and assess risks in the workplace and implement sufficient and appropriate controls to the workplace and its employees to manage these risks as far as reasonably practicable. In this vein, the Workplace Safety and Health Council has issued codes of practice, guidelines, and technical advisories to recommend workplace practices. Although such materials do not have legislative effect, they provide guidance on expected industry standards relating to safety and health measures, and common practices and knowledge. Hence, these materials may be relied on to determine what constitutes ‘reasonably practicable’ measures to be adopted by employers.
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