[SystemSafety] A Fire Code for Software?

[Benjamin Marsh]

Dear Dariusz,

To you second point, Australia has a number of high level examples. The High Court considered the phrase under Slivak v Lurgi (Australia) Pty Ltd [2001] HCA 6 – Link: http://eresources.hcourt.gov.au/downloadPdf/2001/HCA/6

The risk assessment itself was the subject of another case brought before the High Court of Australia: http://eresources.hcourt.gov.au/downloadPdf/2016/HCA/31

Concepts of “reasonably foreseeable” might be interesting for the software context, rather than constraining it to “reasonably practicable” too.

Kind regards,

Ben

From: systemsafety <systemsafety-bounces at lists.techfak.uni-bielefeld.de> On Behalf Of WALTER, Dariusz
Sent: Monday, 19 March 2018 9:07 AM
To: systemsafety at lists.techfak.uni-bielefeld.de
Subject: Re: [SystemSafety] A Fire Code for Software?

Martyn, et. al.

Can you point me to some examples of what you think a good SFAIRP argument (or equivalent for not UK folks) looks like? (Doesn’t have to be software based, but that would be ideal)

Also, if anyone has some examples of how SFAIRP arguments were challenged in court, I would greatly appreciate the links.

Best wishes,
Dariusz

From: systemsafety [mailto:systemsafety-bounces at lists.techfak.uni-bielefeld.de] On Behalf Of Martyn Thomas
Sent: Monday, 19 March 2018 3:15 AM
To: systemsafety at lists.techfak.uni-bielefeld.de<mailto:systemsafety at lists.techfak.uni-bielefeld.de>
Subject: Re: [SystemSafety] A Fire Code for Software?

… SFAIRP has been legally defined to mean
… I doubt that many developers of safety-related systems would be able to pass that test. Notice that the burden of proof rests on the party seeking to rely on the claim that the risks have been reduced SFAIRP.

… It is a criminal offence to breach HSWA 1974 and the sentencing guidelines for convictions under HSWA 1974 were revised a couple of years ago. In several cases last year the duty holder was fined more than £1m and in a few cases the duty holder was sent to prison.

Martyn



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