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Due Diligence Obligations of the Harmonised WHS Act

RiskTech provides a streamlined assessment of due diligence obligations.

The introduction of the Work Health and Safety (WHS) Act and Regulation 2011, has changed the pharmacyonline-bestcheap.com legislative landscape for safety in Australia. The key changes of the legislation include:

  • A uniform application of WH&S legislation nationally;
  • Significant increases in penalties;
  • Introduction of the PCBU concept;
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  • 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 viagraonline-4rxpharmacy 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. The duty therefore extends to employees, contractors, visitors, volunteers and any affected person.

Are you an online cialis Officer?

An Officer is “a person who makes, or participates in cheap xanax online pharmacy 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. These are summarised as follows:

Due Diligence Obligations of Officers
Are there systems and processes in place to ensure the organisation acquires and updates knowledge of workplace health and safety matters, including legal requirements?
Do you understand the operations being carried out, and the hazards, risks and control measures associated with your operations?
Can you ensure appropriate resources and processes are provided to eliminate or minimise WHS risks at the workplace or arising from work being done?
Is there a process in place to receive, consider and respond, in a timely way to information regarding incidents and hazards?
Do you have a robust process for ensuring that WHS related controls for the organisation are implemented and there is an ongoing process for continual improvement?
Is documented evidence available to allow you to verify compliance?

RiskTech have a streamlined process for assessing the current arrangements to provide a WHS Due Diligence Review and Action Plan for your organisation. This can be achieved in a series of 1 hour interviews with key officers.

For further information call Julie Fitzgibbon on 02 8745 2046.

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