The onus of proving that a remedial measure is not 'practicable' under s 9(1) of the Workplace Health and Safety Act 1989 (Qld) lies on the employer, following Kingshott v Goodyear. A risk that is rare but potentially catastrophic, and which could be reduced by an inexpensive measure, may ground liability in negligence even where the precise accident would not ordinarily be expected. The dissent raises an unresolved question about whether s 9(1) requires proof of employer knowledge or creates an absolute obligation.
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