Why do this course?

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It is the Person Conducting a Business or Undertaking (business entity) that is the main WHS duty holder under WHS law and has the overarching legal responsibility to provide a WHS management system that ensures the health and safety of workers while at work (Ref S.19 WHS Act.)

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Business owners, company directors, and CEOs are tasked with specific responsibilities and activities under Section 27 of the WHS Act to ensure that the business complies with its primary duties. These are non-delegable duties requiring active participation on the part of the Directors of the business. 

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• The actions directors must do in practice are broadly classified as “exercising due diligence.”

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• There are 6 bulleted directives listed in Section 27 of the WHS Act. With examples provided, the list becomes 11 routine actions that directors must involve themselves in to demonstrate "due diligence." The list is not exhaustive.

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• While the duties are non-delegable duties, directors use their leadership team and other resources to assist with fulfilling their requirements, but may not transfer the duty to another staff member nor subcontract the duty to another contractor. (Ref S.14 and S.272 of the WHS Act.)

 

• There does not need to be an incident for a director to breach their duty to exercise due diligence. Any executive deemed an "officer of the PCBU" may be found guilty of an offence whether or not the PCBU itself has been found guilty or convicted of an offence.

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• Penalties for violations are severe and since 2024 may include prosecution under new Industrial Manslaughter laws. See here: Liabilities of Directors in new Industrial Manslaughter laws

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NOTE: This course is not suitable for businesses who manage operations in Victoria. Victorian health and safety legislation does not specify any direct due diligence functions for officers. Victorian operations must be in compliance with the OHS requirements of their own jurisdiction.

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Course Aims

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This short course is focused on the specific duties that directors must perform as per Section 27 of the WHS Act that demonstrate proof of their "due diligence" obligations under WHS Law.

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Who Should Do the Course?

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Any executive in a business who is identified as an Officer of the PCBU, as per the meaning of "officer" in the Corporations Act 2001. 

 

Duration    

 

2 Hours

 

Delivery locations

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This course is available for delivery at your workplace and is ideally conducted in the actual workplace of participants.

 

Course numbers

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Recommended limit 16 participants.

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