Who is an Officer…?
- An Officer is a person who makes, or helps make, decisions that affect the whole, or a substantial part, of a business or undertaking.
- A person is also an Officer if they have the capacity to significantly affect the financial standing of the organisation.
- Officers of a PCBU have a specific duty to exercise due diligence
- They must ensure they meet their own work health and safety obligations; and
- To also be proactive in ensuring that the PCBU complies with their duties under the WHS Act.
- They must actively fulfil this duty and not assume that someone else has taken care of health and safety outcomes
- ‘Officer’: See definition as per Corporations Act 2001
Officers of a PCBU have a specific duty to exercise Due Diligence..!
- Companies (officers) should be aware of and taking the following actions:
- Acquire and maintain work health and safety knowledge relevant to their workplace
- Understand the workplace’s operation and associated hazards and risks
- Ensure that resources and processes are available to eliminate or minimise health and safety risks
- Ensure there are appropriate processes for:
- Receiving, considering and responding to information about incidents, hazards and risks (which can be demonstrated)
- Ensure that the PCBU has, uses and maintains processes for:
- Complying with their legal responsibilities, such as notifications, consultation and training
- Verify the provision and use of the resources and processes as just mentioned