myAIPMThe differences between academic theory and legal obligations
In this article we review the different safety standards expected through industrial and legal lenses, and contextualize the results to the firefighting environment in Australia. Whilst an academic argument may be presented that firefighting is a reasonably unique workplace which exposes workers to a higher level of harm than many other workplaces, and that certain levels of firefighter injury and even fatality are acceptable, no exception or distinction is provided for the firefighting context within the relevant safety legislation. Until such time that fire services adopt the legal interpretations and applications and develop true safety management systems as opposed to relying on “dynamic risk assessment” as a defendable position, the ability of fire services and individual Incident Controllers to demonstrate they have managed risk as so far as reasonably practicable will remain ultimately problematic from a legal perspective.
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