Are You the Captain of Your WHS Ship?
Business owners, managers, and directors are like captains at the helm of their companies. They navigate the daily operations, make crucial decisions, and steer the ship towards success however, unlike traditional captains, they may not realize they are also the WHS Captain, responsible for ensuring the safety and well-being of their entire crew. For the sake of great metaphor, throughout this piece we will be referring to an Officer under the model WHS Act as a WHS Captain.
While keeping their crew safe is undeniably important, some leaders might not grasp the full extent of their legal obligations under the WHS Act. It is crucial to understand that the buck stops with them. If a worker gets hurt on the job, the captain, not the lower deckhands, has the ultimate accountability.
Who is the WHS Captain?
Think of the WHS Captain as the ship's first mate, someone who:
Charts the course: Makes or significantly influences financial and operational decisions for the business.
Steers the financial direction: Has the capacity to significantly affect the business's financial standing.
This includes owners, directors, CEOs, and managers with significant decision-making authority. The choices made at this level set the tone for WHS throughout the organisation. If safety is not prioritised at the top, it is unlikely to be taken seriously by the rest of the crew.
A common misconception is that WHS duties can be delegated through contracts or job descriptions. However, hiring a safety professional does not absolve the captain of their responsibility. Unless that individual holds the power to chart the course and steer the financial direction, they remain just another crew member under the WHS Act. If the ship encounters rough WHS waters, the captain, not the hired help, will be the one walking the plank.
The Captain's Duty: Ensuring a Smooth Voyage
As the WHS captain, you have a legal obligation to ensure your business stays afloat in the sea of WHS compliance. This requires exercising due diligence to protect your crew from harm. This translates to:
Staying informed: Regularly updating your knowledge on WHS matters.
Understanding your vessel: Identifying potential hazards and risks associated with your daily operations.
Equipping your crew: Providing adequate resources (trained staff, appropriate equipment, safe work practices) to manage WHS risks effectively.
Establishing clear channels: Implementing clear procedures for reporting incidents, hazards, and other WHS concerns.
Complying with regulations: Developing and maintaining processes to fulfill all your WHS obligations.
Consequences of Non-Compliance: Facing the Storm
Most captains understand that serious injuries will attract scrutiny, but even minor infractions can lead to trouble. The model WHS Act outlines three categories of offences, and as the captain, you can be held personally liable if you fail to meet your obligations:
Category 1: Recklessly endangering workers, resulting in potential fines of up to $3 million for corporations and $600,000/5 years imprisonment for officers (the captains).
Category 2: Failing to comply with WHS duties and exposing workers to risk, resulting in potential fines of up to $1.5 million for corporations and $300,000 for officers (the captains).
Category 3: Failing to comply with WHS duties, resulting in potential fines of up to $500,000 for corporations and $100,000 for officers (the captains).
While regulators have historically prioritised working with businesses to rectify issues, prosecution remains a possibility for persistent offenders.
Navigating the Waters: Your WHS Management System as a Lifeboat
Many are familiar with safety tools like Safe Work Method Statements (SWMS) and Safe Work Instructions (SWI). These are like life jackets and lifelines, helping workers stay safe at sea.
A robust WHS management system, comprised of various procedures, tools, and systems, acts as your ship's safety net. When well-designed, it provides the necessary governance processes and evidence to demonstrate your commitment to exercising due diligence as the WHS captain.
Help is Available: Charting Your Course to Safety
For small businesses, resources like WorkSafe Tasmania's free advisory service can be a valuable starting point. These services can help you identify hazards and understand key compliance procedures, however, building your WHS management system will fall to you.
Medium-to-large businesses often face more complex WHS challenges due to the need to integrate WHS with existing HR, operational, and strategic processes. Additionally, the "reasonably practicable" standard means larger organisations are expected to have more robust WHS systems due to their access to greater resources.
A safety professional with strategic WHS experience can function as your expert navigator, helping you implement a WHS management system that keeps your crew safe, and protects you as the WHS captain. Safety Made Simple, can help you quickly and impactfully meet your WHS obligations. Contact us today for an obligation free chat.
