| #ffffff;" /> | | | | certified? |
| Due diligence in the workplace is hard to define The | | | | Key to meeting the test of due diligence is |
| safety coordinator will tell you that safety starts with | | | | development, implementation and maintenance of an |
| the employer. Management need to take all | | | | effective health, safety and environmental |
| reasonable precautions, under strict circumstances , | | | | management program. Proper policy and procedures |
| to prevent falls and accidents in the workplace. | | | | and documentation systems need to be in place. |
| Management must understanding the difference | | | | Proof of activity must demonstrated and proven |
| between the principles of due diligence and applying | | | | how it met the limitations of due diligence. These can |
| those principles in the workplace. | | | | be different for different industries and companies. |
| Principles of Due Diligence | | | | The supervisor knows more about the workplace |
| The OHSA outlines the level of accountability for all | | | | hazards. A wise employer takes the time to listen to |
| employers, supervisors, and workers when on the | | | | supervisors. They empower their supervisors to |
| job. A supervisor must know how to apply due | | | | implement protocols. The supervisor ensures that the |
| diligence. It is a critical part of their job. Many | | | | workers are trained, have the right safety |
| supervisors focus on production and overlook safety. | | | | equipment, advise workers of the hazards and |
| This is why due diligence can be a challenge. | | | | provide written instructions to communicate them. If |
| The Supervisor is caught between the employer and | | | | the supervisor does not take the safety strategy |
| the employee. They must answer to both his boss, | | | | seriously, then the employer may find themselves |
| and the safety coordinator. It is their duty to make | | | | unable to confirm due diligence. |
| certain the OHS program is legally sufficient and will | | | | Safety Supervisor's Input |
| withstand the scrutiny of due diligence. In the event | | | | Supervisor input is necessary to any well-developed |
| of an investigation, to prove due diligence the | | | | H&S management plan. Several ongoing activities |
| defendant (employer) must establish that all | | | | create a paper trail that can be used in your defense. |
| reasonable steps were taken, or realistic care | | | | These include safety talks, H&S policy and |
| considering the steps a prudent person might have | | | | procedures training, H&S training, near miss |
| taken in the situation were taken to prevent the | | | | reporting, hazard reporting, and thorough accident |
| breach of regulations. If charged, a defendant may | | | | investigations provide evidence of activity. These not |
| be found not guilty if they provide evidence that all | | | | only offer an opportunity for the employer to defend |
| precautions, reasonable under the circumstances, to | | | | themselves. A paper trail can alert management when |
| satisfy his obligations, were taken to protect the | | | | the employees are becoming careless. This puts |
| health and safety of all workers. As part of its due | | | | several levels of management into a position to |
| diligence, an employer must execute a plan to | | | | address the failures before an accident happens: |
| identify possible workplace hazards and carry out the | | | | failing to train workers properly, equipment not |
| appropriate corrective action to prevent falls, | | | | properly maintained, allowing wrong person to do the |
| accidents or injuries. | | | | job, using the wrong equipment, having insufficient |
| Application of Due Diligence | | | | people on the job, not knowing that a danger exists, |
| Should the employer be taken to court, they are | | | | and allowing workers to hurry. |
| asked if there was an effective risk management | | | | What is due diligence? Due diligence is a legal concept. |
| system (to prevent ill health, pollution and workplace | | | | It is the day-to-day activities of the workers and in |
| injuries) prior to the offense. They must be able to | | | | the role of a supervisor. |
| prove the following. Was the system operating | | | | Understanding the legal obligations of due diligence |
| effectively? Was the system being maintained? Was | | | | under the OHSA is the only way to design an |
| the equipment in good condition? Was the equipment | | | | effective health, safety and environmental |
| made for the application? Was the equipment | | | | management program. |