The proposed Occupational Health and Safety (OHS) Amendment Bill reinforces the critical role of the Chief Executive Officer (CEO) in ensuring workplace safety. Section 16 outlines specific responsibilities for CEOs regarding the development, implementation, and continuous review of the Health and Safety Management System (HSMS). Additionally, it addresses the non-delegation of these duties, emphasizing the CEO’s accountability in maintaining a safe work environment.
CEO’s Responsibilities under Section 16.1
According to Section 16.1, the CEO is directly responsible for developing, implementing, and continuously reviewing the Health and Safety Management System (HSMS) as directed under Section 7.1 of the OHS Amendment Bill. This responsibility is not just a one-time task but an ongoing obligation to ensure that the system remains effective and responsive to new risks and changes in the work environment.
Key Actions for the CEO:
- Developing the HSMS:
- The CEO must lead the creation of a comprehensive HSMS that addresses all aspects of workplace safety. This system should include clear safety policies, risk assessments, and procedures for managing identified risks.
- Implementing the HSMS:
- The CEO is responsible for ensuring that the HSMS is effectively implemented across the organization. This includes allocating the necessary resources, training employees, and ensuring that all safety protocols are followed.
- Continuous Review and Improvement:
- The CEO must regularly review the HSMS to ensure it remains up-to-date and effective. This involves monitoring safety performance, conducting audits, and making necessary adjustments to address new risks or changes in legislation.
Non-Delegation of Duties under Section 16.2
Section 16.2 of the OHS Amendment Bill states that if the CEO delegates any of their duties related to the HSMS, the person to whom these duties are delegated cannot further delegate them to another individual. This provision ensures that the responsibility for health and safety management remains firmly within the top levels of the organization, preventing any dilution of accountability.
Implications of Non-Delegation:
- Direct Accountability: The CEO remains ultimately accountable for the HSMS, even if some duties are delegated. The prohibition against further delegation ensures that the delegated individual must take full responsibility for executing their assigned tasks without passing them on to others.
- Focused Responsibility: By limiting delegation, the law ensures that critical safety duties are handled by individuals with the appropriate authority and expertise, rather than being passed down the chain of command where oversight could be lost.
Conclusion
The proposed OHS Amendment Bill makes it clear that the CEO plays a central role in ensuring workplace safety. By mandating the development, implementation, and continuous review of the HSMS, and by restricting further delegation of these duties, the Bill emphasizes the importance of strong, focused leadership in achieving and maintaining a safe work environment. CEOs must embrace these responsibilities to not only comply with the law but also to foster a culture of safety within their organizations.
