Tolerable
risk is defined as being risk that is bearable in a specific context based on
the current values of society. It follows that, over time, protective measures
may have led to an acceptance of the residual risk (resulting from identified
hazards) that may need to be reviewed periodically to determine if residual
risk levels are at tolerable levels. This is because tolerability in this case
is not a static entity.
Some
organizations use a cost benefit analysis to justify when a risk is tolerable,
however there is a flaw in this process.
Utilitarianism thinking closely align with cost-benefit analysis where most of the cost-benefit analyses gives the initiator the costs and benefits, and not the costs and benefits to everybody. In addition, it will be a brave person that will put a monetary cost to an employee’s life.
Legislative
standards establish minimum levels of performance that is not fixed on a
consequential outcome, often leaving some level of risk. If the residual risk
is high (relative to the affected site’s risk tolerance) after applying
controls established by legislation, the affected site may have to implement
controls beyond the requirements of the legislation to further decrease the
probability and/or resulting severity of an adverse occurrence. Some laws have
general duty clauses such as “take every precaution reasonable in the
circumstances for the protection of a worker” to address these types of gaps.
It is not always possible for employers to write safety procedure for every job
task that may take place in a workplace.
Therefore,
site specific occupational health and safety standards in essence establish
minimum tolerable risk for the subject activity or exposure as defined by the
specific employer. If a hazard is controlled in accordance with the appropriate
employer’s standard, then the risk of the adverse event or outcome should be to
the level deemed tolerable by the specific employer.
The
introduction of the notion that only "significant risk" should be
considered, further increases the difficulty in understanding risk
assessment. Traditionally,
significance is seen to be statistically based, however, the Health
Inspectorate deemed it impractical and unnecessary to establish significance of
risk by means of statistical trending methods. As there is already
effective legislation in place, accident statistics will not show the full
potential of the hazard but will only reflect what has happened in the past and
the result of the residual risk combined with the accidents resulting from
non-compliance. Accident statistics are only an indication of the gaps in
existing legislation. It is for this reason that another approach is
required.
Several authors have
identified different means of establishing significance. They are, however
in agreement that three criteria must be satisfied before a causal association
can be inferred between exposure and health or safety related incidence.
These criteria can be summarised as follows:
- There is no identified bias that could explain the association.
- The possibility of confounding has been considered and ruled out as explaining the association.
- The association is unlikely to be due to chance.
It should be noted that in general, legislation does not require statistical significance between a hazard and a specific type of accident before the hazard could be deemed to be a significant hazard. This could be triggered by any one of several things, including social outcries and emotional impacts by a single accident.
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