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Due Diligence in Canadian OH&S Law

Due Diligence in Canadian OH&S Law
"""What does ""due diligence"" mean?

The degree of discretion, consideration, caution, tenacity, and activity that a person might reasonably be expected to exercise in a certain situation is known as due diligence. Due diligence, as it relates to occupational health and safety, refers to an employer's obligation to take all feasible safeguards, given the specifics of the situation, to avoid workplace accidents or injuries. This obligation also applies to circumstances that are not covered by other occupational health and safety laws. Reasonable care is another name for reasonable precautions. It describes the care, caution, or course of action that a reasonable person would be anticipated to take in similar situations. Employers are also required to take ""reasonably practical"" actions. The Labour Program (Canada) has defined reasonably practical as adopting precautions that are not only feasible but also appropriate or logical given the specific circumstance. Normally, decisions about what should be done are made on a case-by-case basis. An employer must establish a plan to detect potential workplace risks and take the necessary corrective action to stop occurrences or injuries caused by these hazards in order to exercise due diligence.

Why is due diligence important in particular?

The legal defense of """"due diligence"""" is crucial for someone accused of violating workplace health and safety laws. If a defendant can demonstrate that reasonable care was taken, they may avoid a conviction if accused. To put it another way, the defendant must be able to demonstrate that all reasonable steps were taken to ensure the health and safety of the workers. You should act with due diligence before an occurrence, not after it has happened.

How can an employer set up a program for conducting due diligence?

The following criteria are some of the requirements for establishing due diligence: The employer must have OH&S policies, methods, and processes in place that are all in writing. These rules, among other things, would show and prove that the employer conducted workplace safety audits, discovered unsafe behaviors and dangerous situations, made the necessary adjustments to remedy them, and gave staff members the knowledge they needed to perform safely. In order for the employees to comprehend and perform their duties in accordance with the established policies, practices, and processes, the employer must give them with the necessary training and education. In order to ensure that the supervisors are competent individuals as defined by law, the employer must instruct and train them. Make sure managers and administrators: During orientation, talk about safety with new hires. discuss health and safety issues on a regular basis with the staff. inspect the areas of the workplace that are under their purview, and take timely action in the event of an unsafe situation. Pay close attention to both routine and irregular operations, making sure that workers are aware of the dangers and the appropriate preventative measures. Employers are responsible for overseeing the workplace and making sure that staff members are abiding by the rules, regulations, and guidelines. Due diligence is believed to be written proof of progressive discipline for safety rule violations. Of course, there are many requirements for the employer, but employees also have duties. They have a responsibility to exercise reasonable care to guarantee the safety of both themselves and their employees, which includes adhering to safety protocols and rules. An incident (accident) investigation reporting system and an investigative program should be in place at the employer. Near-miss reports from employees ought to be encouraged, and these reports ought to be looked at as well. It will also be demonstrated that the employer is exercising due care if it implements the recommendations and incorporates the findings of these investigations into amended and improved policies, practices, and processes. All of the aforementioned actions should be documented in writing by the employer. The employer will receive a history of the occupational health and safety program's development through this documentation. Second, it will offer current records that can be utilized to refute accusations if an incident still occurs despite an employer's best efforts. Additionally, employers must make sure that everyone present at the company is included, including volunteers, students, contractors, and guests. Before any event or harm happens, a """"due diligence program"""" must have all of its components in place. Employers should seek legal counsel for their jurisdiction if they have legal due diligence questions to make sure that the necessary due diligence standards are in place. Keep in mind that you should always show due research before an incident, not after. OSH Answers has additional details on how to set up these programs, including: Elements of a Basic OH&S Program Writing an OHS Policy Statement: A Guide Emergency Preparedness Hazard Management Inspections of the Workplace That Work Investigating an incident Workplace Safety Analysis

What proof is required to demonstrate due diligence?

Written records must be kept. The following activities' records, reports, and documentation can be found here: orientation, instruction, and training for workers. Inspections of the workplace, including any corrective measures. reports of incidents, including any corrective steps taken. Supervisor noting (e.g., supervisor inspections, meetings with workers or contractors regarding safety, etc.). Minutes of the health and safety committee meeting. logbooks for the equipment and records of maintenance. Emergency response drills and exercises. Instructions or safe work procedures, including any changes. Forms and checklists used when following safe work procedures (e.g., confined space entry permits). Sampling and monitoring records from exposure testing. Statistics about the frequency and severity of injuries, etc. Enforcement of health and safety rules and procedures.

What are areas to consider when reviewing due diligence?

When reviewing your due diligence program, it may help to ask yourself the following questions: Can a reasonable person predict or foresee something going wrong? How severe is the potential harm to workers? Is there an opportunity to prevent the incident? Who is responsible for preventing the incident?

What is an example of a due diligence checklist?

Due Diligence Checklist Yes No Do you know and understand your safety and health responsibilities? Do you have definite procedures in place to identify and control hazards? Have you integrated safety into all aspects of your work? Do you set objectives for safety and health just as you do for quality, production, and sales? Have you committed appropriate resources to safety and health? Have you implemented appropriate control measures for identified hazards? Have you explained safety and health responsibilities to all employees and made sure that they understand it? Have employees been trained to work safely and use proper protective equipment? Is there a hazard reporting procedure in place that encourages employees to report all unsafe conditions and unsafe practices to their supervisors? Are managers, supervisors, and workers held accountable for safety and health just as they are held accountable for quality? Is safety a factor when acquiring new equipment or changing a process? Are contractors, volunteers and others in the workplace held to the same safety standards? Do you keep records of your program activities and improvements? Do you address concerns and recommendations made by workers, the health and safety committee (or representative), and others? Have items from reports such as inspections or incident reports been reviewed and corrective actions taken? Have these steps been documented? Do you keep records of the education and training each employee has received? Do you check to confirm that all policies and procedures are being followed regularly? Do your records show that you take disciplinary action when an employee violates safety procedures? Do you review your OSH program at least once a year and make improvements as needed?""" - https://www.affordablecebu.com/

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"Due Diligence in Canadian OH&S Law" was written by Mary under the Health category. It has been read 91 times and generated 0 comments. The article was created on and updated on 15 January 2023.
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