CAUGHT IN THE ACT

摘要

In recent years much has been said about senior leaders being actively involved in safety and, in doing so, improving the safety culture and performance of their organisations. Not surprisingly this has resulted in OHS becoming an increasing focus of those at the top of organisations. Indeed the issue is one that Boards should and do grapple with - more so than ever. The Model Work Health Safety Laws (the Model Laws) impose a new positive duty on officers of a person conducting a business or undertaking (PCBU) to exercise due diligence to ensure that the PCBU complies with its health and safety obligations. There has already been much discussion about how officers can discharge this duty. However, the preliminary question being asked by businesses is: Who does the officer duty apply to?