HEALTH AND SAFETY AT WORK ACT 2015 Kate Ashcroft, Principal www.copelandashcroft.co.nz

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?

Who is an officer? eg: Directors/trustees/partners/CEOs 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]”

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

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

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)?

Best practice compliance - Consultation, Coordination and Cooperation Consultation, coordination and cooperation - s34 What does compliance look like?

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

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