Workplace Health & Safety: It’s Personal

1. Workplace Health & Safety: It’s Personal Disability Information & Resource Centre Clare Raimondo, Partner 4 April 2013 Kelly & Co.

2. Overview • Duties of volunteer Board members & managers on safety matters • Penalties for non-compliance • What it means in practical terms • Case study

3. Duties of Volunteer Board Members & Managers • Workplace health & safety laws impose personal liability • Duties apply to “officers”: • company directors & secretaries • decision-makers • people who influence a business' financial standing • people whose instructions affect Directors’ decisions • The duty is to exercise “due diligence” in safety matters

4. Due Diligence Duty of Officers Know Verify Due Diligence Understand Comply Resource Monitor

5. The Due Diligence Duty of Officers • Obtain knowledge about work health & safety matters • Understand business operations & the associated hazards and risks • Resource health & safety appropriately • Monitor trends in safety performance • Implement compliance processes • Verify compliance

6. Primary Penalties Criminal penalties are uninsurable

7. What it Means in Practical Terms Chairman • Ensure Board members receive training in safety matters • Ensure the Board receives regular safety reports • Ensure operational sites are visited regularly

8. What it Means in Practical Terms Board Members • Show leadership on safety matters • Be inquisitive about safety information & resourcing decisions • Examine audit compliance results carefully • Ask the right questions • Get to know your key safety personnel • Hold management accountable for safety performance

9. What it Means in Practical Terms Secretary • Ensure safety reports & compliance audits are provided to the Board • Ensure resourcing decisions have a safety impact assessment • Arrange meetings & training for Board members • Keep records of Board decisions

10. What it Means in Practical Terms Managers • Show leadership on safety matters • Attend & participate in safety training • Carefully scrutinise safety information & resourcing decisions • Verify that the correct information is being provided to the Board • Be on the lookout for relevant developments in health & safety matters • Oversee the delivery of legal compliance measures

11. Case Study: The Facts Inspector Aldred v Herbert & Ors [2007] NSWIRComm 170 ? Employer operated a hotel business Child accessed semi-enclosed area to retrieve a tennis ball Pipe collapsed, child was electrocuted and died Employer and its Directors were prosecuted

12. Case Study: The Outcome • Not acceptable for Directors to adopt a passive role on safety matters • Reliance on competent & experienced management is not sufficient • Directors must personally and proactively take steps to verify compliance with safety obligations • Employer fined $150,000 & each Director $12,000

13. Kelly & Co. Lawyers Level 21, Westpac House 91 King William Street Adelaide SA 5000 T: +61 8 8205 0800 F: +61 8 8205 0805 www.kellyco.com.au