Officers Due Diligence Training

RECOVERY PARTNERS: THE SAFETY EXPERTS

Officers Due Diligence Training

The WHS Act 2011 imposes a specific duty on officers of corporations and unincorporated bodies such as clubs and associations to exercise due diligence to ensure that the corporation, club or association meets its work health and safety obligations. The duty requires officers to be proactive in ensuring that the corporation, club or association complies with its duty.

Every State and Territory has now introduced the criminal offence of industrial manslaughter into its own WHS legislation. The penalties which can be imposed vary depending on the jurisdiction. 

Industrial manslaughter is broadly defined as an offence where a PCBU or one of its officers knew, or should have known, that any act or omission constituting a breach of their duties would create a substantial risk of serious harm to a person.

As an officer, you will need to show that you have taken reasonable steps to show your due diligence by:

  • Acquiring knowledge of health and safety issues;
  • Understanding operations and associated hazards and risks;
  • Ensuring that appropriate resources and processes are used to eliminate or minimise risks to health and safety;
  • Implementing processes to receive and respond to information about incidents, hazards and risks; and
  • Establishing and maintaining compliance processes accessing up to date safety information.

This training is targeted to anyone with management responsibilities but in particular senior managers and the board of directors. The purpose of this course is to provide information on key elements of the WHS Act to persons conducting a business or undertaking and their officers, with particular emphasis on the positive duty to exercise Due Diligence.

As such our Safety team will present on the following:

  • How safety laws work;
  • What do terms like Due Diligence and reasonably practicable mean?;
  • Case studies;
  • What this will mean in practical terms to the management of safety throughout your business;
  • Highlights the key areas this will impact your business; and
  • Issues to consider.

The course will be delivered by a WHS Lawyer and Safety Consultant. The training is interactive with participants encouraged to partake in activities, case examples, and discussion. Each training session will be 1.5 – 2 hours in duration (dependent upon questions form participants). This time does not include set up and pack down for the trainer(s).

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