1 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey HEALTH AND SAFETY AT WORK ACT 2015 Kate Ashcroft, Principal

2 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Due Diligence, Consultation, Coordination and Cooperation  Meeting due diligence duty - s44  What impact will this have on the role of the H&S professional?  Consultation, coordination and cooperation - s34  What does compliance look like?

3 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Due Diligence  s44: Duty of officers to conduct due diligence for Person Conducting a Business or Undertaking (PCBU)  Who is an officer? eg: Directors/trustees/partners/CEOs  Any person occupying a position in relation to the business or undertaking that allows the person to exercise significant influence over the management of the business or undertaking  Not CFOs? Not “a person who merely advises or makes recommendations to [an officer]”

4 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Due Diligence Acquire and keep up to date knowledge of work health and safety matters Gain an understanding of the nature of the operations of the PCBU and generally of the hazards and risks associated with those operations Ensure PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from the work carried out

5 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Due Diligence Ensure PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; Ensure PCBU has, and implements, processes for complying with any duty or obligation; Verify the provision and use of the resources and processes by monitoring, and continually review and improve processes

6 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Best practice compliance - Due Diligence  Impact for health and safety professionals?  Demand for services!  Professionalised health and safety advisory industry:  Training  Accreditation  Accountability: Future liability risk (as in UK)?

7 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Best practice compliance - Consultation, Coordination and Cooperation  Consultation, coordination and cooperation - s34  What does compliance look like?

8 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Best practice compliance - Consultation, Coordination and Cooperation  Consultation, coordination and cooperation - s34  What does compliance look like?  Scenarios:  Multiple trades on one site  Professional services  Retailer

9 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Questions?

10 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Copeland Ashcroft Law Check out our website and subscribe to our legal updates:

11 Colour Scheme for Charts and Banner Bars R = 97 G = 169 B = 214 R = 97 G = 169 B = 214 R = 0 G = 70 B = 119 R = 0 G = 70 B = 119 Tones of grey Disclaimer Copeland Ashcroft Law produced this PowerPoint and supporting materials to provide a brief summary of employment law issues and developments affecting employers and their businesses. Although we have taken care to ensure accuracy, details may be omitted that may be directly relevant to you. This PowerPoint, supporting materials and the information contained within them do not purport to be and should not be used as specific legal or professional advice and we accept no responsibility for any errors or omissions or for any loss or damage resulting from reliance on or use of same. We recommend that you obtain legal advice specific to your situation before proceeding and would be happy to help in this regard © Copyright Copeland Ashcroft Law 2015