In the context of work health and safety (WHS), Due Diligence means taking every precaution that is reasonable in the circumstances to protect the health, safety and welfare of all workers and others who could be put at risk from work carried out as part of the business or undertaking.
The intent of the positive duty placed on Officers under the WHS Act is to ensure engagement and leadership by Officers.
If you are an Officer under the WHS legislation, the question you should be asking yourself is:
Can I demonstrate Due Diligence?
The 5 key pillars of Due Diligence require Officers to show that they have taken reasonable steps to:
– acquire and update their knowledge of work health and safety matters;
– understand the operations being carried out by the person conducting a business or undertaking (PCBU) in which they are employed, and the hazards and risks associated with the operations;
– ensure that the PCBU has, and uses, appropriate resources and processes to eliminate or minimise health and safety risks arising from work being done;
– ensure that the PCBU has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks;
– ensure that the PCBU has, and uses, processes for complying with duties or obligations under the model WHS Act
How do you ensure that compliance is being met?
If you are unsure if you are meeting your Due Diligence obligations, Lawson’s have the tools and the resources to assist. Call us today on 8210 2810.