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Business Owners and Directors

Business owners and Directors otherwise known as an Officer must exercise due diligence to ensure that the organisation

complies with its health and safety duties.

 

Due diligence requires an officer (which includes company directors) to take reasonable steps to ensure the business complies with its work health and safety obligations.

 

From The WHS Act & Regulations – this is what is stated:

The reasonable steps you must take to ensure you are exercising and demonstrating due diligence includes, but is not

limited to:

  1. having up-to-date knowledge of WHS matters
  2. acquire up-to-date knowledge of the WHS Act, regulations and codes of practice
    1. investigate current industry issues through conferences, seminars, information and awareness sessions, industry groups, newsletters
    2. acquire up-to-date knowledge of work health and safety management principles and practices
    3. ensure that work health and safety matters are considered at each corporation, club or association board meeting.
    4. having an understanding of the business or undertaking and generally of the hazards and risks associated with it.
      1. develop a plan of the operation that identifies hazards in core activities
      2. ensure that information is readily available to other officers and workers about procedures to ensure the safety of specific operations that pose health and safety risks in the workplace
      3. continuously improving the safety management system.
  3. ensuring the business has (and uses) appropriate resources and processes to eliminate or minimise safety risks from the work carried outestablish and maintain safe methods of work
    1. implement a safety management system
    2. recruit personnel with appropriate skills, including safety personnel
    3. ensure staffing levels are adequate for safety in operations
    4. give safety personnel access to decision makers for urgent issues
    5. maintain and upgrade infrastructure.
  4. ensuring that the business has appropriate processes to receive information about incidents, hazards and risks and responding in a timely manner to that information
    1. employ a risk management process
    2. have efficient, timely reporting systems
    3. empower workers to cease unsafe work and request better resources
    4. establish processes for considering/ responding to information about incidents, hazards and risks in a timely fashion
    5. measure against positive performance indicators to identify deficiencies (e.g. a percentage of issues actioned within agreed timeframe).
  5. ensuring the business has and implements processes to comply with any duty or obligation under WHS laws. These can include:
    1. reporting notifiable incidents
    2. consulting with workers
    3. ensuring compliance with notices
    4. providing training and instruction to workers about WHS
    5. ensuring that health and safety representatives receive their entitlements to training
    6. undertake a legal compliance audit of policies, procedures and practices
    7. testing policies, procedures and practices to verify compliance with safety management planning

The Team at CSA feels that along with the rest of your responsibilities and heavy work load of business, the above

requirements can regularly take up far too much time to adequately control on an ongoing basis.

The consequence of failing to adhere to the above requirements may result in substantial fines or imprisonment.

Contact The Team