The Health and Safety Reform Bill, which will create a new "Health and Safety at Work Act”, is presently charting its course through Parliament. The intention is that it will come into force on 1 April 2015. As currently drafted the proposed legislation will impose duties in respect of health and safety at work on the following persons:
Different obligations will be imposed on persons falling within each of these categories.
Liquidators, receivers or administrators may well fall within the definition of "officers” to the extent that they become responsible for running the companies in respect of which they have been appointed. Under the Bill "officers” must exercise due diligence to ensure that a PCBU complies with its obligations. The exercise of due diligence must include the taking of reasonable steps to:
Health and safety obligations of a business are often among the first to be neglected when financial pressures begin to bite, so an audit of health and safety practices may well be one of the first matters to which a liquidator, receiver or administrator should give attention following appointment.
Breaches of the proposed legislation may result in the imposition of significant fines and/or terms of imprisonment. It is unlawful to insure or obtain any other indemnity against the obligation to pay fines, though insurance may cover any associated reparations orders.
COMMENTS (0) Post a Comment
← BACK TO UPDATES