Due Diligence
“Due diligence” simply means taking all reasonable care to protect the well-being of employees or co-workers. It is the opposite of negligence. To meet the standard of due diligence, you must take all precautions that are reasonable in the circumstances so that you can carry out your work and your health and safety responsibilities. The single most frequent cause of accidents in the workplace is failing to take the time to think through the work, identify the hazards and deal with them. Due diligence is a legal defence for a person(s) charged under occupational health and safety legislation. In defence, if the employer can prove that all reasonable precautions were taken in the circumstances, they may be found not guilty. As an employer, you aren’t expected to anticipate and prevent all possible accidents. However, you must take all the precautions that a reasonable and prudent person would take in the circumstances.
If an employer has all the OH&S program elements required by the Occupational Health and Safety Regulation in effect and working well, they will generally be acting in due diligence. The employer also has to take special steps to control specific hazards in order to show that they are exercising due diligence in particular circumstances. The greater the risk, the greater the need for specific policies, practices and other measures to control the hazard.
To prove due diligence, the employer must show that an appropriate program was in place and that several criteria were established:
1. All OH&S policies, practices and procedures must be written and outlined. This would ensure that the employer is demonstrating workplace safety audits, identifying hazardous practices and conditions and have made necessary changes to correct these conditions.
2. Appropriate training and education must be provided to employees so they understand and carry out their work according to all established policies, practices and procedures.
3. Supervisors must be
If an employer has all the OH&S program elements required by the Occupational Health and Safety Regulation in effect and working well, they will generally be acting in due diligence. The employer also has to take special steps to control specific hazards in order to show that they are exercising due diligence in particular circumstances. The greater the risk, the greater the need for specific policies, practices and other measures to control the hazard.
To prove due diligence, the employer must show that an appropriate program was in place and that several criteria were established:
1. All OH&S policies, practices and procedures must be written and outlined. This would ensure that the employer is demonstrating workplace safety audits, identifying hazardous practices and conditions and have made necessary changes to correct these conditions.
2. Appropriate training and education must be provided to employees so they understand and carry out their work according to all established policies, practices and procedures.
3. Supervisors must be