Officer liability and due diligence under WHS laws

The harmonised WHS laws have changed the risk landscape for officers.  The WHS Act requires officers of a 'person conducting a business or undertaking' (PCBU) to exercise due diligence to ensure the PCBU meets its health and safety duties.  This is a positive ongoing duty, which an officer owes every day.  It does not only arise if an incident occurs.  An officer may be found guilty of an offence under the WHS Act if s/he fails to exercise due diligence.  This may occur even if the PCBU has not been found guilty of an offence under the WHS Act.

This workshop explains the harmonised legislative framework, the extent of an officer's duties, how they relate to the duties of your organisation and the steps that an officer and your organisation can take to minimise the exposure of its officers to personal liability.

Recommended for: Directors, senior managers, safety professionals, HR professionals and in-house legal counsel

Learning outcomes

At the end of this program, participants will understand:

1.  The harmonised legislative framework and relevant WHS laws including:

• Who is an officer of a PCBU
• Duties of officers
• What is due diligence

2.  How to discharge the officer's duty to exercise due diligence

3.  How your organisation can assist officers to comply with their duty; and 

4.  Case examples relating to personal liability of officers.

We can also work with you in advance of any training to conduct a gap analysis and review your policies and procedures. 

Why Ashurst?

Many of our lawyers are experienced trainers with expertise in developing and facilitating informative, practical and interactive training programs. Our lawyers are also clear, concise and engaging seminar presenters.

Organisations that have benefitted from our Client Tailored Workplace Learning options include Australian Federal Police, Australian Taxation Office, Bank of America Merrill Lynch, Bank Australia, BOC, David Jones and Country Road Group, Ipoh, Mitsui, Monash University, Morgan Stanley, Newcrest Mining Limited, Qantas Airways Limited, University of Queensland, Westpac, and Woolworths.