Safety matters with Dr Paul
Officer and Due Diligence
The Queensland Work Health and Safety Act 2011 prescribes a duty of exercising due diligence on an officer of a Person Conducting a Business or Undertaking (PCBU) to ensure the PCBU complies with their duties or obligations under the Act (section 27).
An officer is defined within the meaning of section 9 of the Corporations Act 2001 (Cth) other than a partner in a partnership. Broadly, an officer is a person who makes, or participates in making decisions that affect the whole, or a substantial part, of the organisation’s activities. An organisation may have more than one officer.
An officer is typically a senior executive. They are not necessarily a person who has ‘officer’ in their job title, for example, first aid officer, health and safety officer or administrative officer.
Due diligence obligations are designed to make sure officers of a PCBU take reasonable steps to ensure the PCBU uses and applies appropriate resources, policies, procedures and health and safety practices in the conduct of the business or undertaking.
Exercising due diligence as an officer means that officers must take reasonable steps to:
- Acquire and keep up-to-date with health and safety matters
- Have an understanding of the nature of the work the organisation does and the associated risks and hazards
- Ensure that the PCBU has available and uses appropriate resources and processes to eliminate or minimise risks to health and safety
- Ensure the PCBU has appropriate processes in place for communicating and considering information regarding incidents, hazards and risks and responds in a timely manner
- Ensure the PCBU implements processes for complying with any duties and requirements under the Act and its Regulations, and
- Verify the use of the resources and processes outlined above by the PCBU
What are considered reasonable steps will depend on the particular circumstances, including the role and influence which an officer is able to exercise. An officer may rely on information and advice of others in their governance of health and safety management and decision making. They must, however, be able to demonstrate that such reliance is reasonable.
This article provides general information only and should not be a substitute for seeking professional advice regarding your specific situation.
Dr Paul will be contributing regular articles to assist and advise PCBUs and their workers on the management of health and safety.
