Due diligence (2024)

Employers or businesses, or anyone who falls under the definition of a ‘person conducting a business or undertaking’ (a PCBU), has legal obligations under work health and safety laws.

You must continually and comprehensively make sure that your business keeps workers, volunteers and visitors safe while they are at work. This is called ‘due diligence’. It is your legal duty toexercisedue diligence to ensure the business complies with its WHS obligations.

There is an obligation on officers of corporations and other entities to exercises due diligence to ensure that the business or undertaking for which they are responsible complies with its work health and safety obligations.

Due diligence involves taking reasonable steps to secure compliance.

The work health and safety duty of an officer guide provides guidance on the interpretation and application of section 27 of the Work Health and Safety Act 2011 (Act), including who will be an officer and what it means.

Reasonable steps

The reasonable steps you must take include:

  1. maintaining up-to-date knowledge of work health and safety matters as they apply to your specific operation
  2. understand the nature of the business and its hazards and risks
  3. ensuring the business has,and uses, appropriate resources and processes to eliminate or minimise risks to health and safety associated with the operations of the business or undertaking
  4. ensuring the business or undertaking hasappropriate processes to receive information about incidents, hazards and risks, and can respond to that information in a timely manner
  5. ensuring the business has processes – and implements those process – to comply with any WHS obligation
  6. verifying that these steps have been carried out.

Each workplace is different. To comply with your due diligence obligations, you need to carry out a specific and detailed assessment of the health and safety implications of the range of work carried out by your business or undertaking.

The following information provides more detail about your responsibilities and includes practical examples of ways responsibilities can be implemented.

Understand the work health and safety demands of your operation
  • Understand the hazards and risks of your business or undertaking.
  • Make sure health and safety information is readily available and shared with other officers and workers.
  • Continuously improve your workplace safety management system.
Up-to-date work health and safety knowledge
  • Have up-to-date knowledge of the WHS Act, regulations and codes of practice.
  • Have up-to-date knowledge of work health and safety management principles and practices.
  • Investigate current industry issues through conferences, seminars, industry groups and newsletters.
  • Address work health and safety in senior management meetings.
Resourcing work health and safety measures
  • Establish and maintainsafe methods of work.
  • Implement a safety management system.
  • Having appropriate safety equipment in place e.g. machine guarding wherever possible.
  • Recruit people with appropriate skills, including safety personnel.
  • Make sure there are enough workers to ensure safety in all operations.
  • Give safety personnel access to decision makers for urgent issues.
  • Maintain and regularly upgradeinfrastructure.
Information and reporting on incidents, hazards and risks
  • Use a risk management process. Ensure your workers know about it and entrench its use into your businesses daily activities.
  • Have efficient, timely reporting systems.
  • Empower workers to cease unsafe work and request better resources.
  • Establish processes for considering and responding to information about incidents, hazards and risks in a timely fashion.
  • Measure the effectiveness of the risk management process, for example set a target percentage of issues actioned within an agreed timeframe.
Your compliance procedures
  • Provide training, supervision and instruction to workers about health and safety.
  • Consult with workers about health and safety.
  • Make sure that health and safety representatives receive required training.
  • Immediately report notifiable incidents to SafeWork NSW.
  • Comply with SafeWork NSW inspector directions. For example, compliance with notices such as improvement, prohibition or other notices.
  • Regularly review or audit your businesses policies, procedures and practices.
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Due diligence (2024)

FAQs

How do you respond to due diligence? ›

Generally speaking, any given response to a due diligence request should:
  1. Determine what question the potential buyer is truly trying to answer.
  2. Determine if existing / prior documents can satisfy their request.
  3. If necessary, reframe or refocus the request to align with available information.
Jan 23, 2020

What are good due diligence questions? ›

Due Diligence Checklist
  • Who owns the company?
  • What is the company's organizational structure?
  • Who are the company's shareholders? ...
  • What are the company's articles of incorporation?
  • Where is the company's certificate of good standing from the state in which the business is registered?
  • What are the company bylaws?
Apr 3, 2020

Can a buyer back out after due diligence in NC? ›

If concerning issues are revealed through due diligence, such as defects uncovered in an inspection report, the buyer retains the ability to terminate the contract before expiration of the timeframe and receive their earnest money deposit back.

What does enough due diligence mean? ›

action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe: People have to exercise due diligence and watch what's being bought on their credit cards.

What are the 3 examples of due diligence? ›

The due diligence in business circ*mstances refers to organizations practicing prudence by carefully assessing associated costs and risks prior to completing transactions. Examples include purchasing new property or equipment, implementing new business information systems, or integrating with another firm.

What is customer due diligence answer? ›

CDD consists of performing background checks, and screening potential and existing customers to ensure they're not involved in illegal activity. At a minimum, CDD checks include verifying a customer's name, address, date of birth and photo ID and screening them to ensure they're not on prohibited lists.

Can a seller accept another offer during due diligence? ›

“Although this will cause some pushback and sometimes isn't looked at as the most ethical, a seller can legally still accept any other offer up until attorney review conclude as the deal isn't officially under contract.” For the most part, though, buyers more commonly back out of contracts rather than sellers.

Can a seller terminate during due diligence? ›

Bottom line. “Generally, a seller can't cancel without cause,” Schorr says. “You could build in some contingency, but absent that, you had better be committed to the sale.” Reneging because you fear you underpriced the house, or you actually receive a better offer, doesn't count as “cause.”

Can I walk away during due diligence? ›

Big Surprises in Due Diligence: During due diligence, the buyer may discover that the target company is not what they expected. This could be due to operational issues, poor recordkeeping, inadequate systems, or other concerns. If the buyer believes that these problems make the investment too risky, they may walk away.

How much due diligence should I offer? ›

The fee is meant to incentivize the seller to complete the due diligence process and provide evidence that the buyer is serious about buying the property. The fee is typically between 0.1% and 0.5% of the purchase price. Due diligence fees are non-refundable but usually credited toward the purchase price at closing.

What happens if you don't do due diligence? ›

Failure to provide due diligence can result in an unjust outcome for the case and may require a retrial to resolve the matter, as well as a legal malpractice claim to recover any damages the victim has suffered.

Is due diligence a good thing? ›

Due diligence is primarily a way to reduce risk exposure. The process ensures that a party is aware of all the details of a transaction before they agree to it.

How do you back out due diligence? ›

Buyer can only cancel during the due diligence period unless the buyer has a written extension from seller (which seller doesnt have to give).

What does it mean when someone says I did my due diligence? ›

Diligence means "the attention or care required," and due is used in this phrase as an adjective meaning "appropriate, expected, or necessary." So when you perform due diligence, you give some project the kind of care and attention that it needs.

How do you comply with due diligence? ›

Steps to Implementing Due Diligence
  1. Embed responsible business conduct into policies and management systems. ...
  2. Identify and assess adverse impacts in operations, supply chains, and business relations. ...
  3. Cease, prevent or mitigate adverse impacts. ...
  4. Track implementation and results. ...
  5. Communicate how impacts are addressed.
7 days ago

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