Understanding the responsibilities of officers in the workplace

South Australian Business News • Work health and safety

Cindy Jackway

Thursday, September 12th 2024

Responsibilities of officers in the workplace

As an officer of a business, you are a senior decision-maker with the power to influence how work is conducted, making decisions that impact the entire organisation, or a significant portion of it, in both operational and financial aspects.

An officer may include the CEO, CFO, COO, owners, or directors. It is important to note that an officer is not simply a manager who supports decision-making by providing information or advice.

As an officer, you are legally obligated to exercise due diligence concerning workplace health and safety (WHS). This proactive duty requires officers to ensure the business complies with WHS legislation. Specifically, each officer must take reasonable steps to:

Acquire and maintain up-to-date knowledge of work health and safety matters.
Understand the operations of the PCBU (Person Conducting Business or Undertaking) and the associated hazards and risks.
Ensure appropriate resources and processes are in place to manage hazards and risks.
Implement proper channels for receiving and responding to information regarding incidents, hazards, and risks promptly.
Verify that the PCBU has processes in place to comply with its duties and obligations under the WHS Act.
Ensure the effectiveness of the resources and processes referred to in points 3, 4, and 5 through verification.

Effective 1 July 2024, Industrial Manslaughter provisions have been introduced into WHS legislation in South Australia. Officers can now face up to 20 years’ imprisonment, and businesses may be fined up to $18 million for failing to manage safety appropriately and being found reckless or grossly negligent.

Understanding your due diligence obligations under the WHS Act, as an identified officer, is crucial to meeting your responsibilities and complying with legal obligations to maintain a safe workplace.

To support you in fulfilling these obligations, the South Australian Business Chamber has developed a program designed to outline the key responsibilities of businesses and clarify the duties of a WHS officer. This program aims to help ensure due diligence in the workplace.

The course covers critical areas such as understanding WHS legislation, defining relevant duties within your organisation, enforcing “reasonably practicable” regulations, understanding codes of practice, and recognising the consequences of failing to comply with legal requirements for workplace safety.

This program can be delivered onsite at your workplace or attendance at one of our public courses: WHS for Officers — Training Course | The South Australian Business Chamber (sabusinesschamber.com.au)

If you need assistance with a review of your current practices or implementing safety measures please contact us on: Complete our online enquiry form