Work health and safety laws impose a proactive duty on officers to exercise due diligence to ensure compliance with those laws. Due diligence is a duty imposed on officers personally. It is separate from the duty imposed on their company.
The duty is also proactive - it can be breached merely for failing to put in place a corporate governance regime, even though there may not have been a WHS incident at the officer’s company.
The third edition of Due Diligence: Duty of Officers is an officer’s answer to any of their duty questions. It provides an overview of the officer’s duty and explores the question of who is an officer before carefully examining each element of the definition of due diligence.
The book also considers the liabilities arising from breaches of the due diligence duty and explores practical recommendations for compliance by categories of officers such as directors, company secretaries, chief financial officers, human resources directors, general counsel and operations management.
The third edition of the Due Diligence series explores recent case law and addresses contemporary work health and safety issues, including the new industrial manslaughter laws and the management of mental health at work.
Alternatively if you would prefer to order this title in print or to discuss our eLending library for team/office access to ebooks, email: nz-cchbooks@wolterskluwer.com
The Person Conducting a Business or Undertaking (PCBU) is at the centre of the legislative regime imposed by work health and safety laws. The scope of the duty of care for the PCBU is broad, with the extent of the duty expanding as prosecutions are brought and cases are decided. This third edi...
It has long been held that employers are liable for the negligent, reckless and disobedient employee. This book, however, is concerned with the liability of the workers themselves for that conduct. Workers have a key role in work health and safety. They and their colleagues bear the consequenc...
Dealing with Regulators. Managers need a strategic approach to engaging with work health and safety regulators. The third edition of Due Diligence: Dealing with Regulators further develops this approach adopted for the previous editions, but with the benefit of ten years' experience in ...
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