The problem to be solved
All officers of businesses, are expected to meet a personal and proactive duty to exercise due diligence under health and safety laws in jurisdictions like Australia and New Zealand.
Officers are required to personally take steps to meet the 6 elements of due diligence.
Element 5 of the due diligence obligation requires officers to ensure the organisation for which they are an officer complies with all WHS duties and obligations under the health and safety legislation. This means for officers to meet their personal legal obligations, they must have a process in place for health and safety legal compliance audits to be conducted of the organisation’s systems and activities.
Legal compliance audits are different to system audits against international health and safety management system standards. Systems audits will test that risk management processes exist but not each specific mandatory legal requirement that must be captured within those processes. As such, systems audits, whilst helpful, are not sufficient to provide the level of assurance officers require to meet their personal duties under health and safety laws.