How are you minimising your potential personal liability for WHS legislation? With strict Workplace Health and Safety (WHS) legislation and severe penalties, including up to life imprisonment for industrial manslaughter offences, the potential implications for both individuals and organisations involved in serious workplace incidents are significant.
An emerging change for organisations and company officers is the recent prohibition of insurance and indemnities for penalties imposed in relation to WHS offences in some jurisdictions in Australia. In these specific states, it is an offence for a person to provide or receive the benefit of insurance or indemnification for any penalty imposed under the WHS Act.
Australia is not the only the jurisdiction to have prohibited insurance/indemnities for WHS offences – New Zealand for example has also declared insurance for fines and penalties to be void under its Health and Safety at Work Act 2015.
Organisations should ensure they have robust systems and processes in place for compliance with WHS legislation and create a culture of compliance. The law places a primary duty of care on the business, as well as its directors and officers. The time to worry about WHS isn’t when there is an accident or the resulting regulatory action, it is right now.
What steps can be taken to avoid workplace incidents and minimise penalty risks? Essential due diligence measures for WHS compliance include:
- Staying current with WHS requirements and implementing compliant processes
- Developing comprehensive knowledge of operational hazards and associated risks
- Deploying suitable resources and procedures for risk management and incident response
- Conducting regular audits and reviews of WHS management systems for effectiveness
Organisations can substantially reduce workplace incidents and related consequences by maintaining proactive compliance efforts and continuously enhancing safety protocols.
How are you strengthening your systems to prevent findings of WHS non-compliance or negligence?
What measures are you taking to reduce workplace risks?
Should workplace safety become a priority initiative for the new year? Your commitment to a drug-free workplace safeguards your people and contributes to a culture of responsibility and accountability, fostering success and well-being for everyone at your workplace. For assistance click here to get in touch with our team or phone 1300 789 908.
