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Officer WHS "Due Diligence"
Compliance Assessment

Aim:
 

To perform an inspection, assessment, and report on the “reasonable steps to be taken” that are required of the Officers (Directors, CEOs, other executive officers) of an organisation to ensure that the duties of the business or organisation (as PCBU) are being carried out as per instructions in NSW WHS Act 2011 and WHS Regulation 2017, and to make appropriate recommendations for improved compliance with these duties.

Assessment Criteria:

 

This service is delivered at your work premises. Our consultant will need to converse with the officers of your business and obtain information to conduct the assessment. A face to face visit and meeting is required.

Officers of the PCBU are inspected on each of the mandatory actions required of them per Section 27 of the WHS Act in exercising "due diligence" to to ensure that the business or organisation (PCBU) is meeting its legal health and safety requirements.

 

Specific actions an officer must undertake under Section 27, and will be inspected, are:

  • acquire and keep up-to-date knowledge of WHS matters,
     

  • gain an understanding of the nature of the operations of the business or undertakings of the PCBU and generally of the hazards and risks associated with those operations,
     

  • ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking.
     

  • ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information.
     

  • ensure that the PCBU has and implements processes for complying with any duty or obligation under the WHS Act (examples: reporting incidents, consulting with workers, complying with notices, ensuring staff are provided with training and supervision, that HSRs receive their training entitlements.)
     

  • verify the provision and use of the resources and processes referred to above.
     


Objectives:

  1. The actions of the Officers of the organisation audited against the mandatory duties of Officers as per Section 27 of the NSW WHS Act 2011 and related applicable Clauses of the NSW WHS Regulation 2017.
     

  2. A report with recommendations for any identified actions of the Officers that can be improved, and recommendations for any improvements to processes or resources that may better assist Officers to carry out their mandatory duties as per the NSW WHS Act 2011 and NSW WHS Regulation 2017.


Auditor:

A qualified and experienced WHS consultant and auditor.

Duration: Most will take 2-3 days but this is dependent on size of company, and the structure of the corporation and the number of officers. Further training or consulting services may be recommended upon completion of the assessment. There is no obligation to engage in further services with us.

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