ARTICLE · 15 AUGUST 2016

A choice for change: Officer's safety obligations to avoid WHS failures

Sparke Helmore Lawyers

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Officers must ensure the business is taking both proactive and reactive steps to meet its health and safety obligations.

AustraliaEmployment and HR

Andrew Ross (Formerly With Sparke Helmore Lawyers)

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Officers of businesses in Australia hold serious health and safety responsibilities and must ensure the business is taking both proactive and reactive steps to meet its health and safety obligations as a PCBU. Meeting due diligence requirements for officers is critical to preventing personal liability for safety offences.

For corporations that do business in the "harmonised" jurisdictions of Queensland, New South Wales, the ACT and South Australia, officer obligations are found in s 27 of the Work Health and Safety Act 2011 (WHS Act) and requires that an officer exercise "due diligence".

Under s 27(5) of the WHS Act, to be due diligent, an officer must at a minimum:

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