Who is an Officer under the WHS Act?

An Officer is anyone who participates in or makes decisions that affect all or a substantial part of ‘a person conducting a business or undertaking’ (PCBU). This includes directors or a person who makes, or participates in making decisions that affect the whole or a substantial part, of the business and who can affect the financial standing of the organisation. Typically this will be CEOs, Company or Board Directors, and may also include other senior Managers, e.g. CFOs, COOs, etc.

Officers have a duty of due diligence to ensure the PCBU complies with its WHS obligations. They must take an active role in understanding and questioning what their organisation does; how its operations create potential risks and hazards; and what systems are in place to mitigate them—and ensure there are enough resources to do so.

Organisations that adopt best practice will:

• Help Officers understand the organisation’s WHS risks by providing registers detailing the key risks and mitigation systems and training;
• Update and educate Officers on legal compliance issues, changes to WHS law and relevant case law; and
• Set out a WHS governance framework, including information dissemination systems and individual accountability for decision-making.

These obligations call on Officers to influence the hearts and minds of their organisation’s workforce. Establishing and promoting the right kind of WHS culture is an important aspect of meeting Officers’ obligations under the act. A good safety culture requires open and transparent communication, and widespread consultation. Establishing and promoting a good safety culture involves walking the talk; particularly if you’re a director. This means showing workers that WHS is not just a written policy, but a corporate trait.

What does the WHS Act really mean for those holding Officer roles?

Officers have due diligence obligations which include taking reasonable steps to:

• Acquire and keep current knowledge on WHS matters;
• Access education;
• Understand the nature and operations of the PCBU’s work and its associated hazards and risks;
• Ensure the PCBU has, and uses, appropriate resources and processes to eliminate or minimise WHS risks, ensure the PCBU has appropriate processes to receive and consider information about incidents, hazards and risks, and to respond in a timely manner;
• Ensure the PCBU has, and implements, processes for complying with its duties and obligations; and
• Verify the provision and use of relevant resources and processes.

Officers have a positive obligation to get involved in exercising this duty.This means an Officer can be held individually liable if something goes wrong and it leaves them with little choice but to become actively involved in WHS issues and not simply take things at face value.

If something does go wrong, Officers must understand why, and what the organisation is doing to fix it. They must satisfy themselves that the remediation is enough to meet their obligations under the act.

Business SA can assist you with your WHS requirements and obligations. For more information, please contact Cindy Jackway on (08) 8300 0247 or email [email protected]

* Information in this piece has been taken from the article “Board members and buck stopping What will the Model WHS Act mean for individual board directors?” written by Fiona Marsden for the National Safety Magazine and Safe Work Australia’s Interpretive Guideline – Model Work Health and Safety Act, The Health and Safety Duty of an Officer under Section 27.