Due diligence requires an officer (which includes company directors) to take reasonable steps to ensure the business complies with its work health and safety obligations.
An officer must have high, yet attainable standards of due diligence. These standards reflect the position and influence of the officer within the business.
The reasonable steps you must take to ensure you are exercising due diligence includes, but is not limited to:
- having up-to-date knowledge of WHS matters
- having an understanding of the business or undertaking and generally of the hazards and risks associated with it.
- ensuring the business has (and uses) appropriate resources and processes to eliminate or minimise safety risks from the work carried out
- ensuring that the business has appropriate processes to receive information about incidents, hazards and risks and responding in a timely manner to that information
- ensuring the business has and implements processes to comply with any duty or obligation under WHS laws. These can include:
Our PCBUs, workers and officers fact sheet has more information for directors and officers about due diligence.