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Same word, different meaningPrinciples and duties › Qualified duties

Reasonably foreseeable

A qualifier limiting a duty to risks that a reasonable person would anticipate. The term is used in GB and Irish law to set the boundary of what must be guarded against; OSHA uses recognised hazard as the nearest equivalent.

The same term carries different legal meaning across frameworks. Read each jurisdiction entry carefully.

By jurisdiction

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UK HSE

“reasonably foreseeable”Close equivalent

Appears throughout HSE legislation as a qualifier on duties. The Confined Spaces Regulations 1997 define a confined space by reference to a reasonably foreseeable specified risk. HSWA 1974 and associated regulations require duty holders to guard against risks that a reasonable person would foresee. Foreseeability is judged at the time the risk arises, not retrospectively.

Jurisdiction note: UK courts apply an objective test: what would a reasonable employer in the same industry have foreseen? The test is not the same as the OSHA recognised-hazard test.
RegulatoryConfined Spaces Regulations 1997, regulation 1(2); Health and Safety at Work etc. Act 1974Source
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Irish HSA

“reasonably foreseeable”Close equivalent

Used in the Safety, Health and Welfare at Work Act 2005 and related regulations as a limiting qualifier on duties. Section 8 of the Act requires an employer to manage foreseeable hazards. The Irish courts apply an objective reasonable-employer standard consistent with, but independent from, the GB test.

Jurisdiction note: The Irish test derives from the 2005 Act and Irish case law. Do not assume UK precedent applies directly.
StatutorySafety, Health and Welfare at Work Act 2005, section 8Source
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US OSHA

“recognised hazard”Partial equivalent

The General Duty Clause (OSH Act 1970, section 5(a)(1)) requires abatement of hazards that are causing or are likely to cause death or serious physical harm and that are recognised by the employer or the employer's industry. Recognised is a narrower concept than reasonably foreseeable: OSHA must show the employer or industry knew of the hazard.

Jurisdiction note: OSHA uses recognised rather than reasonably foreseeable. The burden on OSHA to prove recognition differs from the GB/Irish objective foreseeability test.
StatutoryOccupational Safety and Health Act 1970, section 5(a)(1)Source

Practitioner note: Foreseeability is the threshold test — you can only be required to guard against harms you could foresee. It is separate from, and precedes, the reasonably practicable balancing exercise.

Same term, different meaning across frameworks

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