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Due Diligence Obligation – Do You Meet the New Requirements?

The introduction of the Work Health and Safety (WHS) Act and Regulation 2011, has changed the legislative landscape for safety and risk management in Australia. RiskTech has a streamlined process for assessing the current arrangements to provide a WHS Due Diligence Review and Action Plan for your organisation.

 

 

The key changes of the legislation include:

  • A uniform application of WH&S legislation nationally;
  • Significant increases in penalties;
  • Introduction of the PCBU concept;
  • Clear obligations for Officers;
  • Broadened rights for representation;
  • A greater focus on consultation in the workplace; and
  • Licensing requirements for high risk activities.

What is a PCBU?

A Person Conducting a Business or Undertaking (PCBU) has been included in the Act to broaden the former definition of employer. The Act requires the PCBU to ensure the health and safety of workers and other persons affected, so far as reasonably practicable.

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The duty therefore extends to employees, contractors, visitors, volunteers and any affected person.

Are you an Officer?

An Officer is “a person who makes, or participates in making decisions that affect the whole or a substantial part of a business”. The fundamental obligation of Officers is a positive duty to exercise due diligence. This requires the application of judgement, care, prudence, determination, and activity a person would reasonably be expected to do under particular circumstances. Significant penalties apply to the organisation and the personally to the Officer for a failure to exercise due diligence.

The legislation specifies six key obligations for Officers to satisfy their duties. Our pamphlet details these.

For further information call Julie Fitzgibbon on 02 8745 2046 or email: [email protected]

RiskTech Due Dilligence Self Assessment Pamphlet