What is the standard of due diligence? Taking all reasonable care to protect the well-being of employees or co-workers.
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What is the defense of due diligence? All reasonable precautions to comply were taken in the circumstances.
What is the test of due diligence? Documentation of an effective OH&S program; an effective OH&S program includes: þ A written OHS program that has been implemented. þ An employer who takes steps to control or eliminate specific hazards. þ Written safe work procedures that are understood and followed by workers. þ Workers who are provided with adequate instruction, training, supervision and discipline to work safely. How can this checklist help? The following checklist is intended to help employers determine if they have sufficient documentation of an effective OH&S program. Other due diligence factors to consider include health and safety performance in the workplace, the employer’s history of compliance with the Workers Compensation Act and OH&S Regulation, the degree of hazard associated with violations, etc. This checklist is only a guideline. Workplace (specify):
Part 1: Does the employer keep the following types of records or documents? r Worker orientation records r Records of worker/supervisor training showing the date, names
of attendees and topics covered (e.g. Lockout, WHMIS)
r Inspection reports and records of corrective actions taken r r r r
to solve problems Records of meetings and crew talks where safety issues were discussed Records showing use of progressive discipline to enforce safety rules and written safe work procedures Subcontractor pre-qualification documents First aid records, medical certificates, hearing tests
r Incident/accident investigation reports and records of
corrective actions taken to solve problems r Supervisor’s notes and logs of safety contacts with workers
r Joint OH&S Committee meeting reports showing steps taken
to address health and... [continues]
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