Emma Bentton discusses how you can use enforceable undertakings to demonstrate due diligence and learn from them to avoid being prosecuted for an alleged contravention of a state’s WHS Act.
One of the responsibilities for anyone with control in your business (referred to by WorkCover as officers) is to demonstrate due diligence. This means officers must demonstrate they have taken reasonable steps to avoid committing an offence in breach of work health and safety (WHS) acts.
One way to meet your responsibilities is by acquiring knowledge, keeping up to date with health and safety issues, and adjusting your work practices in response. A good place to start is by staying abreast of WHS or enforceable undertakings, and using them as a way to proactively manage your WHS and demonstrate due diligence. (more…)