A-Z Health and Safety
Topic: Due Diligence
Summary:
The Occupational Health and Safety Act requires that supervisors and employers, “take every precaution reasonable in the circumstance for the protection of a worker.”
In the event of a serious injury a worker’s supervisor and/or employer will typically be called on to demonstrate that they took reasonable care, that is, that they had been duly diligent. It is important not only that supervisors and employers take these precautions, but also that they can demonstrate that they took these precautions: A due diligence defence requires evidence that demonstrates the supervisor and / or employer did what s/he was supposed to do with respect to H&S regulations, as well as any other precautions a “reasonable” person would take in the circumstance. Documentation such as training records, written procedures, equipment maintenance logs, emails, letters of discipline, minutes of meetings, etc., can be vital to a due diligence defence.
Due diligence is an important reason health and safety activities should be documented.
For more information see:
Additional Resources:
OH&S Legislation in Canada - Due Diligence, Canadian Centre for Occupational Health and Safety
Last Revised:
November 1, 2015