Eliminating risks to your workers; Director’s duties and workplace safety.

Eliminating risks to your workers; Director’s duties and workplace safety.

Tim Angel | February 04, 2021 | 09:00 AM |

If your business involves activity that can endanger the health and safety of employees, this is likely to be where you have the greatest risk as a company Director. Workplace safety is a serious issue and Directors’ duties are non-delegable; you cannot be a passive bystander.

The Corporations Act 2001 (Cth) sets out the ongoing legal requirement – and positive obligation - for Directors to exercise care and diligence around workplace health, safety and welfare for all workers (whether employees, contractors or interns etc).

Organisations must eliminate risks to health and safety so far as reasonably practicable: if risk elimination is not possible (in heavy industry or mining, for example) then the duty is to minimise those risks. It is not an adequate excuse that a Director is so far removed from day-to-day business operations that they cannot ensure safe systems of work.

Directors can be personally liable for breaches of these duties - penalties include substantial fines and up to five years’ imprisonment. If the company and Directors have taken all the actions reasonably necessary to provide as safe a workplace as possible (in the context of the nature of the business), Directors will have a higher chance of not being found liable.

Safety training and assessments play a fundamental part in effectively mitigating risk and enhancing compliance – for workers and Directors alike.

To reduce the risk of breaching legislation, it is important to ensure that the company has documented (and enforced) safety policies and procedures and that the entire workforce receive relevant, regular training on these procedures.

Historically, classroom training has been inconsistent, with different Administrators delivering dull Powerpoint presentations to disengaged, box-ticking, bored employees.

Paper-based assessments and records were often incomplete, lost or mis-filed, making it challenging to accurately track and create an audit trail of who had received what training, when. This exposed workers to additional safety risks and left Directors vulnerable to breach and liability; ticking a box for safety training should never be enough.

Here at LAAMP, our modern induction and training solutions offer peace of mind to both workers and Directors. We are different and we are better. Engaging, consistent training programs, using cutting edge virtual and augmented reality, maximise learning efficacy and recall while mitigating worker risk.

Our platform is cloud-based, with records synchronised live and securely stored, forever. LAAMP uses proprietary cutting-edge digital evidence capture and technology to track, record and analyse training programs and assessments throughout the full training pathway. We use facial verification (proctoring) for self-paced online assessments and rich media evidence in the form of videos, images, audio and signatory when completing task-based practical assessments.
Detailed, centralised records evidence a robust audit trail; you can be sure of exactly who has done what, where and when. Corporate risk is minimised and safety governance is maximised.

Effective and compliant safety training and assessment is critical; don’t leave it to chance.


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