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WHS Due Diligence for CEOs, Directors and Managers – NSW edition
How to Test whether a Worker has Taken Reasonable Care
A Workers’ duty is not issued in isolation. It is imposed and assessed in the context of the PCBU’s actions in relation to the worker.
If the PCBU failed to meet its duty through e.g. lack of training, information and or supervision, then the worker’s ability to take reasonable care will be deemed to be diminished.
So even in case a worker failed to follow procedure and caused an incident, management might still be held liable.
Examples of what the regulator or court may take into account in case of an incident:
- The systems of work in place at the time
- The training, information, instruction and supervision provided to the worker
- Whether the worker was working within their stated role
- Whether any other worker was placed at risk and whether the worker acted intentionally or recklessly