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Management Liability

The Health & Safety at Work Act 2015

As you may be aware the Health & Safety at Work Act 2015 came into force on the 4th of April 2016. It replaces the Health & Safety in Employment Act 1992.

The new Act imposes a duty on Directors, CEOs and others who are regarded as Officers (individuals who hold positions that allow them to exercise significant influence over the management of the business).

Their duty is to exercise 'due diligence' to ensure that their business complies with the Act.  The Act imposes responsibility from the 'top down'; Directors, CEOs and other Officers will be personally responsible if they fail to exercise due diligence.

The Act applies to any persons conducting a business or undertaking (PCBU), which includes a company, trust, partnership, joint venture or sole trader, conducting a business or undertaking, whether for profit or not. A body corporate may also be a PCBU in relation to common areas and when contractors or staff are on site.

Workers also have a duty to take reasonable care with their own health and safety and that of others. A worker is a person who carries out work for a PCBU, including as an employee, contractor, subcontractor, employee of a contractor or subcontractor, apprentice or trainee, or volunteer worker.

The new Act increases the existing framework for worker participation and consultation with PCBUs and introduces a system for workers to request the election of health and safety representatives and to form work groups.

aibGROUP strongly recommends that businesses understand the act and the new requirements (Click Here).

We also recommend consulting us on an appropriate 'Management Liability' package to cover potential exposures. Click Here


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