This information is designed to help WA organisations and their associated workforces (including volunteers) understand the Work Health and Safety laws.
Who is an officer under WHS?
Under the Work Health and Safety Act 2020 (WHS Act) the role and influence a person has in a business determines if they are an officer. An officer is a person who makes or participates in making decisions that affect the whole or a substantial part of the organisation’s activities, excluding:
- an elected member of a municipal council acting in that capacity
- a minister of a state, territory or the Commonwealth
- each partner within a partnership, where each partner would be considered a person conducting a business or undertaking (PCBU) in their own right.
An officer can also be an officer of the Crown or a public corporation if they report directly to the chief executive and make or participate in making decisions that affect the whole or substantial part of the business or undertaking of the Crown or public corporation.
Duty of officers
Officers of corporations and other organisations must manage corporate risks, including work health and safety risks.
Under the WHS Act, an officer of a PCBU must exercise due diligence to ensure the PCBU complies with its health and safety duties. This duty relates to the strategic, structural, policy and key resourcing decisions — that is, how the place is run.
Due diligence includes taking reasonable steps to:
- acquire and maintain current knowledge on work health and safety matters
- understand the nature and operations of the work and associated hazards and risks
- ensure the PCBU has and uses appropriate resources and processes to eliminate or minimise risks to work health and safety
- ensure the PCBU has appropriate processes to receive and consider information about work-related incidents, hazards and risks, and to respond in a timely manner
- ensure the PCBU has and implements processes for complying with their duties and obligations. This can include reports on notifiable incidents, consultations with workers, compliance with notices, provision of appropriate training and instruction to their health and safety representatives (HSRs).
As an officer, you can be charged with an offence under the WHS Act if you fail your duty of due diligence, irrespective of whether the PCBU has been convicted or found guilty of an offence.
Learn more about the health and safety duty of an officer.
Resources and guidance
- The health and safety duty of an officer: Information sheet, available in multiple languages
- Work Health and Safety Act 2020 duties: Video