We helped officers to fulfil their WH&S Due Diligence Obligations to avoid penalties of up to $731,400

Work Health and Safety laws require that ófficers’ of corporation fulfil Due Diligence Obligations. Understanding what these obligations are is one matter, but being able to successfully demonstrate that you are fulfilling them is quite another.

HR Business Direction was contacted by a client, a large not for profit organisation which required assistance to ensure that these obligations were met.

In our meeting with the client, the existing tool was provided. This consisted of a very lengthy checklist.   While the existing checklist was comprehensive. The problem was that it was so long and overwhelming it wasn’t being used. Not good for compliance purposes!

It was agreed that a new due diligence tool had to be developed and that it had to be as straightforward and as brief as possible.

HR Business Direction worked with our client to develop this checklist. Following implementation, we were provided with positive feedback in relation to the solution provided.

Lengthy and more complex systems are not always better. In fact, if they aren’t being followed, there is no benefit at all.

HR Business Direction can provide you with advice and assistance to resolve your workplace health and safety issues. We pride ourselves in identifying solutions that are cost-effective and simple to implement.

The consequences of not discharging due diligence obligations can result in penalties and even prosecution for paid officers. These penalties include a maximum penalty of $731,400 or up to 5 years’ imprisonment for a Category 1 offence (where an officer recklessly exposes someone to the risk of death or serious illness or injury) under the Act. For a Category 2 offence (where the failure to comply with the duty exposes someone to risk of death or serious injury or illness), the maximum penalty is $365,700. Even the lesser Category 3 offence (for a mere failure to comply with a duty) carries a hefty maximum penalty of $121,900. These penalties can be imposed as a result of a successful prosecution even if no one was actually harmed by the failure to comply.

HR Business Direction assisted our client to more confidently meet these obligations