Workplace health and safety (WHS) is essential for protecting both employees and the broader organisation.
Every business has a responsibility to create a safe working environment, not only to meet legal obligations, but to demonstrate care and respect for its people. By making WHS a shared priority, leaders set clear expectations and ensure everyone understands their role in maintaining a safe, supportive workplace where risks are identified early and addressed proactively.
While delegation is an essential part of effective management, business leaders have an ongoing responsibility to workplace safety that cannot be handed off. Creating a strong safety culture means remaining genuinely engaged—actively supporting safety procedures, regularly reinforcing their importance, and staying informed about safety performance across the organisation.
A legal perspective on meeting WHS responsibilities
Under current WHS laws, leaders and officers have a personal responsibility for ensuring that safety obligations are met. Even when tasks are delegated, the ultimate accountability cannot be outsourced. With increasing penalties, including new Industrial Manslaughter laws, changes in Work Health and Safety (WHS) requirements continue to create additional obligations on employers. This altered risk landscape can present new challenges for business leaders and Officers who are committed to fostering a safe and compliant workplace as a PCBU (Person Conducting a Business or Undertaking).
If you’re a leader in your business, then you might be an “Officer” under WHS legislation. Even if you’re not aware of it, this means you may be held personally accountable if something goes wrong. This can mean that you become legally liable for WHS non-compliance or unintentional mistakes. The term “officer” is broadly defined. The most obvious positions to hold an Officer role includes a Director or Chief Executive Officer (or equivalent position, such as a General Manager). However, it could also include Head of People and Culture (HR), Chief Operating Officer, Chief Risk Officer, Chief Financial Officer or similar roles involved in making decisions that affect the whole, or a substantial part, of the business of the PCBU, or have the capacity to affect significantly the PCBU’s financial standing.
Key strategies for WHS success
Based on recent cases, including: SafeWork NSW v Miller Logistics Pty Ltd and SafeWork NSW v Doble and Guilfoyle v WalshawMAG-00149166/21(1); here are some proven strategies business leaders may like to consider to ensure your WHS responsibilities are met:
- Strategic and Documented Delegation
Effective delegation means assigning safety duties to the right people, clearly defining responsibilities, and documenting everything to support both compliance and a strong safety culture. When delegating tasks, ensure that you:
- Seek support from experienced compliance managers (as needed)
- Establish clear reporting structures
- Document delegation of responsibilities
- Active Oversight
Active oversight involves regularly staying engaged with safety matters to ensure protocols are being followed and risks are managed effectively. When providing oversight, consider:
- Including safety as a standing agenda item in management meetings
- Maintaining regular communication with safety personnel
- Conducting periodic site visits
- Resource Allocation
Resource allocation means ensuring your team has what they need to work safely and effectively. When considering resources, remember to:
- Ensure budget decisions do not limit essential safety measures, and clearly document the reasons for any budget choices along with the steps taken to manage related risks.
- Provide necessary resources for safety implementation
- Support access to external expertise when needed
- Documentation Systems
Documentation systems help keep track of safety processes and demonstrate ongoing attention to WHS obligations. When managing documentation, aim to:
- Implement robust reporting mechanisms
- Maintain meeting minutes showing safety discussions
- Record follow-up actions and their completion
While recent cases show that courts recognise the practical limitations of an Officer’s role, they also emphasise the importance of demonstrating active engagement with safety matters. The key is not to micromanage but to show consistent, documented attention to safety governance, with a keen consideration of existing and potential risk, and the implementation of appropriate mitigation measures.
Practical next steps
Business leaders should consider taking the following steps to ensure their WHS protocols are robust and effective:
- Reviewing your current safety governance structure: Regularly examine how safety responsibilities and leadership are organised within your business to ensure they remain clear and effective.
- Documenting your safety oversight processes: Keep thorough records of how safety is monitored and managed, including meeting minutes, audits, and follow-up actions.
- Evaluating your delegation arrangements: Confirm that responsibilities for safety are assigned to the right people, and that everyone clearly understands their role.
- Assessing your safety reporting mechanisms: Make sure there are straightforward ways for staff to report safety issues, and that all reports are reviewed and addressed promptly.
Taking these steps will ensure that as a business leader, WHS remains a priority and you are fulfilling your responsibilities with confidence and due diligence.
As legal professionals specialising in workplace safety, we’ve observed that regulators are increasingly focusing on systems and processes from the top down. This means your safety governance framework needs to be more robust than ever. If you are unsure about your responsibilities or whether your current systems meet legal requirements, it is always wise to seek legal advice. Consulting with a legal professional can help you avoid potential penalties and ensure you are not held personally accountable for any oversights.
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