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Part 5 – Due Diligence: Under the WHS Act

Part 5 – Due Diligence: Under the WHS Act

PART 5: DUE DILIGENCE

The Role of an Officer, Under the WHS Act

This blog is part 5 of 6 informative articles about the role of an Officer under the WHS Act. The Act prescribes the requirement under s27(1) to exercise due diligence and further expands what this includes in s27(5)(a-f).

The 5th of the 6 due diligence requirements includes

WHS Act s27(5) … reasonable steps:

(e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act;

An Example —

For paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include —

  • reporting notifiable incidents
  • consulting with workers
  • ensuring compliance with notices issued under this Act
  • ensuring the provision of training and instruction to workers

WHSQ website suggests to:

  • undertake a legal compliance audit of policies, procedures and practices
  • testing policies, procedures and practices to verify compliance with safety management planning.

ASLS can assist by conducting audits for compliance against the legislation. We also specialise in implementation audits for a third party to identify if your safety management plan is implemented as planned.

For more information:

http://www.safeworkaustralia.gov.au/sites/SWA/model-whs-laws/FAQs/Documents/FAQ_Officers.pdf

https://www.worksafe.qld.gov.au/laws-and-compliance/electrical-safety-laws/due-diligence

https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0018/83124/trained-safety-advisor.pdf

Michelle Monaghan
Michelle is Training and Consultancy Coordinator at ASLS where she manages the activities of a team of safety professionals, such as auditing, safety development, safety development, training needs analysis and review of work method statements. She is also involved in the management of all training activities such as development and review of course material, and monitoring, moderation and validation of assessors and assessment activities. Her qualifications include a Bachelor of Business, Diploma of Work Health and Safety and a Post-Graduate Diploma in OHS.

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