Who Is An Officer
An Officer of a person conducting a business or undertaking (PCBU) has a duty to
use due diligence to ensure the PCBU complies with its WHS duties and obligations. The word "Officer' includes the directors and very senior management persons in the organisation - they are persons who participate in making decisions affecting the whole, or a substantial part of the organisation. Managers and supervisors who do not make key decisions on how the PCBU operates but instead provide information and implement decisions, are not regarded as Officers.
An Officer includes:
- The Directors, Secretary & CEO of a corporation.
- A person who can significantly
affect the corporations financial
standing.
- A person who makes or participates
in making decisions, that can affect
the whole or substantial part of:
the business of a corporation or entity "
" the business or undertaking of a
public authority or of the Crown
- Members of Boards of Management
of Public Authorities
- Receivers, liquidators,
administrators and certain trustees
Not an Officer:
- Ministers of the Crown
- Elected members of local authorities
- Partners in Partnerships
- Person who is responsible for
implementing the decisions of an
Officer, e.g. Supervisor
Note: Safe Work Australia has published a comprehensive "Interpretive Guideline" on Officers that we recommend you read. See the Publications/Guidance section of their website www.safeworkaustralia.gov.au. For the full definition see sections 4, 247, and 252 of the Work Health & Safety Act 2011, and section 9 of the Corporations Act 2001.
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Too much sitting can be badfor your health
Comcare has released a Sedentary Work Practices Toolkit to help reduce the risks involved with prolonged sitting:
www.comcare.gov.au/news__and__media/news_listing/sedentary_work_practices_toolkit_released
Details of Workers Compensation Changes
WorkCover NSW has Fact Sheets for employers and workers that outline the recent changes and dates have been announced for the rollout of changes:
www.workcover.nsw.gov.au/aboutus/newsroom/Pages/WorkersCompensationIssuesPaper.aspx
Expiry of High Risk Licences after 31 December 2012
A number of older licenses will require conversion and renewal before the 31st December otherwise they will expire. For details and what needs to be done go to the WorkCover NSW website:
www.workcover.nsw.gov.au/licensing/Licencesandcertificates/highriskworklicences/Pages/nophotonoexpirynolicence.aspx
Who is an Officer in Your Organisation
Have you identified the Officers under WHS law in your organisation and are they aware of their duties? SafeWork Australia has a guideline that can help:
www.safeworkaustralia.gov.au/sites/SWA/AboutSafeWorkAustralia/WhatWeDo/Publications/Documents/605/Interpretive%20guideline%20-%20Officer.pdf
"Your Safety Matters", Issue 100
This information issue shows a table with the categories of maximum penalties for Officers.
www.courtenell.com.au/100.pdf
by: courtenell
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