SafeWork NSW has published an officer due-diligence quick reference and self-assessment tool. It is practical support for the existing duty of an officer; it does not create a new section 27 obligation.
The first step is to identify who is actually an officer for WHS purposes. A job title alone does not decide the issue. The person's position and capacity to make, or participate in making, decisions that affect the whole or a substantial part of the business are relevant.
The six due-diligence elements
Officers should be able to show reasonable steps to:
- acquire and keep current knowledge of work health and safety matters;
- understand the nature of the business or undertaking and its hazards and risks;
- ensure appropriate resources and processes are available and used to eliminate or minimise risks;
- ensure processes exist for receiving and responding promptly to incident, hazard and risk information;
- ensure processes for complying with WHS duties are implemented; and
- verify that the resources and processes described above are provided and used.
Evidence matters
A policy statement or board paper is not the whole answer. Useful evidence may include meaningful WHS reporting, site-verification activities, questions and decisions recorded in minutes, resourcing decisions, overdue-action escalation and independent assurance that critical controls operate.
An officer self-assessment should record the evidence reviewed, gaps found, action owner and completion date. It should also distinguish personal officer verification from operational work delegated to managers or advisers.
Documents to review
The most useful update is usually a focused Officer Due Diligence Self-Assessment and Evidence Register, supported by the governance calendar and board reporting process. A wholesale rewrite of every WHS manual is unlikely to be proportionate because the underlying legal duty has not changed.
Blue Safe can help structure the assessment and evidence trail while keeping accountability with the relevant officers.