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In some cases , however , this may not be possible because the Regulations implement a European directive or other international measure that adopt a risk control standard different from “ reasonably practicable ” ( i.e. different from what is ALARP ) . Using “ reasonably practicable ” allows us to set goals for duty-holders , rather than being prescriptive . The panel did not decide whether the judge ’ s other findings were warranted , concluding that he properly relied on at least two aggravating facts in imposing the upper term , and that it was not “ reasonably probable ” that a different sentence would have been imposed absent any improper findings . The concept of “ reasonably practicable ” lies at the heart of the British health and safety system . But whether that notion , or “ reasonable regulation ” , or “ reasonably appropriate and adapted ” , or “ substance over form ” , is adopted as the preferable touchstone , the core principle is the same : an infringement is only permitted insofar as it is not so significant as to lose the character of a tolerable incidental interference .