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Safety Update: Due Diligence

In our previous note we briefly discussed Bill C-45 and the need for corporations to be able to prove due diligence (that the employer has taken "reasonable care"). So how do you know whether you have exercised "due diligence"?

Though there is no set formula to follow, however there are some basic guidelines that a company's OH&S program needs to adhere to. All of these guidelines should be met if a company's OH&S program complies with the voluntary standards available internationally, nationally and provincially; such as OHSAS 18001, the CSA Z1000-06 or the Alberta Partnerships Standards, respectively.

These guidelines can be captured and addressed through asking the following questions (again, these merely act as a guideline):

1. Can your company prove "Management and Leadership Commitment" through the development and implementation of appropriate, up to date OH&S policies? Are these policies readily available to employees and are the employees familiar knowledgeable with regard to the content of these policies?
2. Are all of your employees familiar and compliant with all appropriate, standards, regulations and requirements applicable to your industry and activities performed? Are the OH&S Laws available and accessible in your company?
3. Do you have appropriate processes and training in place to deal with the identification and assessment of workplace hazards?
4. Do you have appropriate processes in place to implement controls to remove or mitigate hazard identified in a timely manner?
5. Do you have a process in place to ensure appropriate inspections are done on a regular basis and documented appropriately?
6. Are you providing the appropriate OH&S training to all levels of employees within the organization? Specifically, are you providing appropriate OH&S training to new employees with in the first week that they start their employment? Do you ensure the training is tracked and refresher training is provided in a timely manner?
7. Do you have emergency response plans (ERPs) in place for every site you are responsible for? Are these ERPs implemented and tested?
8. Are you keeping appropriate records (administration) of your OH&S program? All your efforts, such as corrective actions, should be documented so you can prove you acted with due diligence should you be charged with an OH&S violation.

The Topic for Sept 06: What is "Reasonable Care?"

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eCompliance provides information about topical OH&S issues to assist existing and potential customers to cope with their own OH&S needs. It is not intended to be legal information or legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.