Regulators stepping up scrutiny — Officers can be held personally liable under WHS laws

In recent years, state and national Work Health and Safety (WHS) regulators have increasingly held both PCBUs (Persons Conducting Businesses or Undertakings) and their Officers accountable for failures to meet safety obligations. The message to leadership is clear: legal exposure cannot be passed off to others.

In South Australia, SafeWork SA emphasises that a PCBU bears the primary duty of care to ensure, ​“so far as is reasonably practicable,” the health and safety of workers, contractors, and others affected by the undertaking. 

However, SafeWork (and aligned regulators in other states) also make it clear that Officers — such as company directors, senior executives, and managers who influence decisions — have an additional duty to exercise due diligence to ensure the PCBU complies with its WHS duties. 

What ​“due diligence” means in practice

Under the WHS law, the officer’s due diligence duties are spelled out in section 27(5): an Officer must take reasonable steps to:

• Acquire and keep up-to-date knowledge of WHS matters (legislation, codes of practice, industry practice)
• Understand the operations of the PCBU and the risks to health and safety inherent in those operations
• Ensure the PCBU has, and uses, appropriate resources and processes to eliminate or minimise risks
• Ensure that the PCBU has appropriate processes to receive and respond to information about incidents, hazards, and risks in a timely way
• Ensure the PCBU implements processes for complying with WHS obligations (training, consultation, reporting, and so on)
• Verify that the resources and processes are in fact used — e.g., via audits, inspections, performance monitoring

Importantly, these are not optional or passive oversight tasks. Officers must actively engage in WHS governance, not simply delegate and distance themselves. 

Enforcement and penalties: Both PCBU and Officers in the crosshairs

If a PCBU breaches its WHS duties, both the PCBU and its Officers can face enforcement action, including fines and, in extreme cases, imprisonment. 

In South Australia, SafeWork SA publishes maximum penalty levels:

• For serious duty-of-care breaches (Category 1), an individual PCBU or Officer may face up to $600,000 or 5‑year imprisonment, or both.
• For less severe offences (Category 2), penalties for individuals rise to $300,000; for the PCBU or body corporate, the ceiling is $3,000,000.
• For lower-level breaches (Category 3), individuals can face up to $100,000 in penalty; bodies corporate up to $500,000.

SafeWork SA can also issue expiation notices (on-the-spot fines) for certain breaches (e.g., failure to notify a notifiable incident, maintain required safety documents, training lapses). 

Additionally, regulators are increasingly bringing prosecutions of Officers themselves, not just the business entity. 

SafeWork SA has been issuing Officers Improvement Notices for Officers who undertake Due Diligence training with a training organisation.

Why this matters now

Some officers still assume that WHS duties can be fully delegated to managers or consultants. That view is legally flawed — you cannot contract/​transfer out your WHS obligations. 

Regulators are placing more emphasis on proactive enforcement, especially in high-risk sectors.

In the event of a workplace incident (serious injury or fatality), regulators will often scrutinise whether officers met their due diligence obligations.

Key take-home messages for Officers

• You are legally responsible — both the PCBU and its Officers can be prosecuted.
• Due diligence is active — you must inform yourself, challenge assumptions, verify systems, and revisit performance regularly.
• Don’t rely solely on others (managers, consultants) without oversight and verification.
• Invest in competent WHS training and advice (e.g. from SABC or other providers) — it’s not just compliance, it’s risk mitigation.
• Periodically audit, monitor and improve — WHS is not a ​“set-and-forget” item.

The role of the SA Business Chamber in supporting PCBUs and Officers

To reduce risk and bolster compliance, PCBUs and Officers can engage with the Chamber for a full range of WHS services:

• Tailored workplace health and safety training – our industry-leading training courses provide the skills and knowledge needed to manage WHS in the workplace, regardless of industry or business type. The training is tailored for officers, managers, supervisors, and workers, covering due diligence, hazard identification, risk assessment, incident investigation, and safety leadership
• WHS Consulting – our expert consultants provide advice and practical resources to help you with your WHS compliance, without compromising your performance targets. This service includes audits, gap analyses, system design, compliance reviews, internal investigations, and corrective action plans.
• Injury Management Consulting – we can help you navigate workplace injuries and workers compensation claims.

By engaging the Chamber, PCBUs and their Officers can gain:

• Practical guidance on aligning operations with WHS laws
• Evidence of good-faith efforts (which may help in regulatory scrutiny)
• A stronger safety culture and improved systems

Suppose you have any questions or need to get immediate advice on health, safety, and wellbeing advice. In that case, you can access the Chamber’s Business Advice Hotline on 8300 0000 — free unlimited access for SA Business Chamber members. 

See upcoming dates here — WHS for Officers