DUE DILIGENCE WORKSHOP
What Does Due Diligence Mean in Theory and in Practice
This is a facilitator led workshop designed for executive management teams and boards of directors to brainstorm how they are demonstrating all that is reasonably practicable to fulfill their due diligence duty. The workshop addresses the six due diligence elements below, spending about 15 minutes on each one, considering how to best meet the responsibilities and whether any additional actions could be taken.
Prior to the workshop being delivered the facilitator will liaise with the business to gain an understanding of the current level of compliance relating to the WHS due diligence and may require relevant WHS documentation to be used during the workshop to enhance the workshop outcomes. Facilitators are SafeWork NSW approved trainers and WHS Management System Auditors who have experience across a broad range of industries.
Workshop Outline
1. Acquire and keep up to date knowledge of WHS matters – what the WHS Act requires and how individual officers are complying with this requirement/current legislation and industry issues/technical, situational and strategic knowledge? What else can be done? Penalties for breach of the duty to exercise due diligence by an officer.
2. Gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally the hazards and risks associated with those operations – how this is being addressed for each business unit, for contractors and other workers, for new processes, changes, modifications, new projects, etc. incl. psychological health? How else this could be done? What evaluation of adequate controls and residual risk is undertaken? What documentation is there that demonstrates due diligence activities by each individual officer?
3. Ensure the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to WHS from work carried out as part of the conduct of the business or undertaking – what is required for WHS and making decisions about procedures and resources/effective technology in place for WHS. How individual officers ensure the procedures and resources are used? What evidence is there of effective consultation to all workers and other duty holders? Is the role of the HSC maximised? How do officers check there is an effectively utilised WHSMS? How resource allocation to WHS matters (safe plant, maintenance, training, etc.) is scrutinised/considered? What other influences impact WHS e.g. financial, culture, business expectations, deadlines. Effective health and safety leadership model.
4. Ensure the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information – including reporting of incidents and emerging hazards and risks, collection and analysis of data, benchmarking, review of safety plans, priorities, targets, achievements, weaknesses. What further action/consultation is then required? Ensuring reasonably practicable steps have been taken. What the officers understand of timely response and how their responses are documented and demonstrated?
5. Ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under the WHS Act – e.g. adequate processes for reporting notifiable incidents/adequate compliance with the duty to consult, cooperate and coordinate – how this is currently undertaken and whether this model is the most effective and meaningful option. Compliance with notices. Provision of training and instruction to workers, etc.
6. Verify the provision and use of the resources and processes referred to above – active verification methods such as inspections, testing of practices, auditing and board level reporting and how each officer can show due diligence of verification. Appraisal and review of the contribution of executives and managers to the performance of health and safety. Continual improvement reviews.
Duration
2 hours, however may run slightly longer depending on group knowledge and questions.
Cost
$330.00 per person (GST free). For group bookings please call for an obligation free quote (GST free).
Delivery
Training is delivered face to face.This course can be customised to meet your specific workplace needs and is able to be delivered at IOH or on-site at your workplace. Please call to arrange a suitable training time.
Prerequisite
It is preferred and advised that participants have previously attended WHS Legislation for Officers.
Award and Recognition
Successful participants will be awarded with a Certificate of Attendance.