Due Diligence - Duty of Officers

Due Diligence - Duty of Officers PDF

Author: Michael Tooma

Publisher:

Published: 2017-02-27

Total Pages: 101

ISBN-13: 9780995362444

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The first book in the Due Diligence Collection examines the role and duties imposed on officers pursuant to the new Model Work Health and Safety laws, the majority of which commenced on 1st January 2012. 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. Written by OHS legal expert Michael Tooma, the second edition of Due Diligence: Duty of Officers is an officer's answer to any of their duty questions.KEY FEATURESChapter 1 provides an overview of the duty.Chapter 2 explores the question of "who is an officer".Chapters 3-8 deal with each element of the due diligence definition.Chapter 9 deals with 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.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Duty of Officers

Duty of Officers PDF

Author: Michael Tooma

Publisher: CCH Australia Limited

Published: 2012-04

Total Pages: 156

ISBN-13: 1922042080

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"Due Diligence: Duty of Officers is the first book in CCH's new Due Diligence series and examines the role and duties imposed on officers pursuant to the new Model Work Health and Safety laws, the majority of which commenced on 1st January 2012. The book contains a thorough explanation of all aspects of this duty including the definition of an officer, the elements of the due diligence concept, and liabilities for breach of the duty. It also includes practical and useful recommendations for compliance. This is an essential reference point for individuals and companies looking to avoid the onerous penalties for non-compliance under the new legislation."--Publisher's website.

How to Regulate the Due Diligence Duties of Officers Under the Health and Safety at Work Act 2015

How to Regulate the Due Diligence Duties of Officers Under the Health and Safety at Work Act 2015 PDF

Author: Nadia Dabee

Publisher:

Published: 2022

Total Pages: 0

ISBN-13:

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To date, no enforcement activity against officers under the Health and Safety at Work Act 2015 (HSWA) has been reported and methods to achieve compliance also appear to be underdeveloped. In addition to there being no prosecutions against officers for breach of their due diligence duties, there are also no formalised regulatory structures to help officers "self-regulate" effectively in order to comply with their due diligence duties. Instead, it appears that officers have been left mostly to regulate their own behaviour with some guidance from WorkSafe. This leaves a gap in the regulatory landscape of workplace health and safety in New Zealand. Opportunities for developing a unique regulatory structure geared towards regulating the due diligence duties become evident upon an examination of some of the literature on regulation. These opportunities are presented here. Full paper available at https://doi.org/10.26686/vuwlr.v51i3.6609.

Due Diligence

Due Diligence PDF

Author: Michael Tooma

Publisher:

Published: 2021

Total Pages: 160

ISBN-13: 9781922509192

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"This book is concerned with the duty of a person conducting a business or undertaking (PCBU), tying together the obligations set out in the second, third and fifth books on incident notification, consultation and dealing with regulators respectively. 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. Other books in the Due Diligence series: Duty of Officers Incident Notification, Management and Investigation Horizontal and Vertical Consultation Dealing with Regulators Worker Rights and Duties"-- Wolters Kluwer CCH Website.

The Due Diligence Duties in the Health and Safety at Work Act 2015

The Due Diligence Duties in the Health and Safety at Work Act 2015 PDF

Author: Nadia Dabee

Publisher:

Published: 2022

Total Pages: 0

ISBN-13:

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The aim of this article is to provide some clarity on the due diligence duties of officers in the Health and Safety at Work Act 2015 (HASWA). Officers, such as company directors, are seen as most able to take action to improve workplace health and safety, thus Parliament imposed criminal liability on these duty-holders to improve workplace health and safety (WHS). Indeed, there is empirical evidence to suggest that organisations in which officers are committed to WHS are more likely to have better WHS outcomes. To date, there have been no prosecutions against officers in New Zealand. Since the HASWA is based on the Australian Model Work Health and Safety Act 2011, this article draws on Australian jurisprudence and on some of the available empirical evidence on improving WHS to suggest how the due diligence duties might be interpreted in New Zealand.

Due Diligence

Due Diligence PDF

Author: Michael Tooma

Publisher:

Published: 2021

Total Pages: 104

ISBN-13: 9781922509130

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"Ten years have passed since the landmark introduction of the model Work Health and Safety legislation. The experience in the seven jurisdictions that have adopted the reforms enables us to assess some of the predictions made at the time of the release of the first edition of Horizontal and Vertical Consultation. The duties to consult under the legislation require workers (including contractors, subcontractors, employees of contractors or subcontractors, labour hire workers, apprentices and trainees, outworkers, students on work experience and volunteers) and overlapping duty holders (businesses have to engage with suppliers, controllers of premises, adjoining businesses and service providers) to consult, co-operate and co-ordinate with each other. These obligations present practical challenges and opportunities, which are explored in this book. 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. Other books in the Due Diligence series: Duty of Officers Incident Notification, Management and Investigation Worker Rights and Duties Dealing with Regulators Persons Conducting a Business or Undertaking ."-- Wolters Kluwer CCH Website.

Due Diligence

Due Diligence PDF

Author: Michael Tooma

Publisher: Cch Australia Limited

Published: 2013-01

Total Pages: 82

ISBN-13: 9781921948879

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Workers have a key role in work health and safety. They or their mates bear the consequences when things go wrong. Even the most sophisticated system relies heavily on worker engagement to deliver safety outcomes. This book is concerned with the role, rights and duties of workers.

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