Demonstrating Due Diligence
The Work Health and Safety Act 2011 (WHS Act) obligates all persons conducting a business or undertaking (PCBU) to demonstrate they have taken reasonable steps to:
- Acquire and maintain relevance in terms of health and safety knowledge;
- Understand the risks and hazards associated with their position and the operation in general;
- Ensure suitable resources are dedicated to risk mitigation and work processes;
- Ensure suitable processes are established and functioning insofar as risks, hazards and incidents are concerned; and
- Ensure the PCBU uses processes to comply with all legislative requirements under the Act.
Due diligence obligations can be met by:
- Acquiring knowledge via the WHS Act, codes of practice, regulations, relevant standards and industry guidelines;
- Undertaking a comprehensive risk management program;
- Collaborating with employees, contractors, sub-contractors, user groups and others to formulate procedures and safe methods of work;
- Providing ready access to relevant risk and hazard mitigation information;
- Implementation and ongoing development of a safety management system;
- Responding to inadequacies or deficiencies against performance indicators in a safe and timely manner; and
- Validating the processes and collaborative efforts which culminated in the management system.
Due diligence is critical insofar as achieving a positive safety outcome and compliance with the WHS Act. The ultimate question is; how compliant are you?
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