WHS Booklet - Business SA

WHS Booklet Page 85GlossaryWhere possible, these definitions have been taken from South Australia’s WHS legislation directly.Code of PracticeCodes of Practice provide advice on how to comply with WHS requirements. They are not mandatory and a dutyholder may choose to use another way to achieve compliance. However, if you do not follow the Code of Practice,you will have to prove what you did was of an equivalent standard or higher level than the Code of Practice.Non-compliance with a Code of Practice can be used as evidence in legal proceedings.Due DiligenceOfficers of a PCBU must exercise due diligence to ensure the PCBU complies with duties or obligations under thelegislation. Due diligence includes taking reasonable steps to:Duty- acquire and keep up-to-date knowledge of work health and safety matters;- gain an understanding of the nature of the operations of the business or undertaking of the PCBU andgenerally of the hazards and risks associated with those operations;- ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminateor minimise risks to health and safety from work carried out as part of the conduct of the business orundertaking;- ensure that the PCBU has appropriate processes for receiving and considering information regardingincidents, hazards and risks and responding in a timely way to that information (e.g. reporting notifiableincidents, consulting with workers, etc.);- ensure that the PCBU has, and implements, processes for complying with any duty or obligation of thePCBU; and- verifying the provision and use of the resources and processes referred to in the above three points.A duty is a legal obligation that requires mandatory conduct or performance. A duty cannot be transferred toanother person. A health and safety duty is a duty that is defined in Division 2, 3 or 4 of the WHS Act…© Copyright/DisclaimerJanuary 2013