6 SEPTEMBER 2011
The harmonization of workplace health and safety laws across Australia due take effect on 1 January 2012, will introduce the concept of reasonably practicable to the primary duty of care of a person conducting a business or undertaking and broaden the existing definition of worker to include contractors and subcontractors and their employees. What is reasonably practicable will represent what can be done at a particular time taking into account and weighing up all relevant matters.
In addition, company Officers will now have personal liability for the health and safety of any person; as well as a duty to exercise due diligence to ensure that the company complies with its obligations under the Act. This is a continuous duty with a positive obligation on Officers to be proactive.
The standard of due diligence required to minimize the risk of criminal prosecution or civil penalty, requires company Officers to take reasonable steps to:
- acquire and keep up-to-date knowledge of work health and safety matters;
- understand the operations of the business or undertaking and the hazards and risks within those operations;
- ensure appropriate resources are available and processes to enable risks to be eliminated or minimized;
- ensure that appropriate processes for receiving and responding promptly to information regarding incidents, hazards, and risks are in place; and
- verify the provision and use of resources and processes.
Companies and their Officers should be putting in place strategies now to comply with these increased obligations.
You are a valued Kinneally Miley contact, for more information related to this Legal Update please contact us.
[contactsbox] [leftcolumn]Contact Partner: Tracey Miley
Direct Telephone : 07 3210 5780
Mobile Telephone : 0438 776 161
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