Director and manager occupational health and safety (OHS)
liability from 1 January 2012
OHS harmonisation remains on track to occur by 31 December 2011,
with State and Territory OHS legislation to be replaced by a model
Work, Health and Safety Act. The States/Territories other than
Western Australia have agreed to pass laws that mirror the Work,
Health and Safety Bill. Workplace Relations Ministers will also be
asked to agree on model Regulations in June 2011.
There are a number of important proposed changes.
Under the Bill, an officer of a body (eg company, partnership,
government department) must exercise due diligence to ensure that
the body complies with its OHS duties. Significantly, the term
'due diligence' is now defined and provides an important
sign-post for employers. The definition provides guidance on what
you can be doing to manage the OHS risk within your organisation.
The Bill proposes that 'due diligence' will mean that an
officer is to:
