The duty of care should require the service provider to ensure so far as is reasonably practicable that no person at work is exposed to a risk to their health or safety from the provision of the services.
Chapter 8: Duties of ‘Officers’
Current Australian OHS legislation provides for individual accountability. This is to ensure that those persons who might affect the health or safety of others by their conduct or omissions, do not expose others to health or safety risks.
While some businesses or undertakings are conducted by individuals (self-employed, sole traders), it is common for business to be conducted collectively, through a company, partnership, unincorporated association or other grouping of individuals.
A company is an artificial entity, which cannot make decisions or act other than through individuals. A company cannot comply with a duty of care placed upon it, unless those who manage the company make appropriate decisions and ensure necessary actions are taken. The values and culture of the company, which are important to encourage appropriate attitudes and behaviours for health and safety, are determined and influenced by those who make the relevant decisions. Decisions relating to the availability and allocation of resources that are important for health and safety are also made by those who manage the corporation.
Those who manage the company and make these decisions are commonly known as ‘officers’. The same considerations apply to entities other than companies, such as partnerships and unincorporated associations.
OHS legislation throughout Australia recognises the need to ensure that the officers of a company or other entity behave in a way that will provide for compliance by the entity of which they are an officer. The legislation provides, in various ways, for liability of an officer where the company or other entity has breached a duty of care owed by it.
