Due Diligence

• Applied to occupational health and safety, due

diligence means that employers shall take all
reasonable precautions, under the particular
circumstances, to prevent injuries or accidents in
the workplace.

• To exercise due diligence, an employer must

implement a plan to identify possible
workplace hazards and carry out the
appropriate corrective action to prevent
accidents or injuries arising from these
hazards.
 Due Diligence Involves:

• "Due diligence" is an important legal defense for a

person charged under occupational health and
safety legislation. If charged, a defendant may be
found not guilty if he or she can prove that due
diligence was exercised. In other words, the
defendant must be able to prove that all
precautions, reasonable under the circumstances,
were taken to protect the health and safety of
workers.
 Due Diligence include:
• identification of hazardous practices, conditions and
exposures
• actions taken to eliminate or reduce these hazards and
ensure a safe workplace
• H&S policies, procedures, & practices
• clearly defined responsibilities & accountabilities
• competent supervision
• adequate provision of resources
• appropriate training and education to the employees
• documentation of all H&S activities
• H&S Inspections and audits
• progressive discipline, as needed
 Specific Due Diligence
• Health and safety budget
• P.P.E relating to Duties
• Support the JHSC
• H&S part of management
meetings.
• Accident investigation/
workplace inspection
• Safety education / safety
talks /provide information
• Ensure worker is aware of
hazards
• Implement all on the job
safety procedures
• Be visible
• Consistent enforcement
Due Diligence
• Can not be made up after the accident
• An employer must implement a plan to identify possible
workplace hazards and carry out the appropriate
corrective action to prevent accidents or injuries arising
from these hazards.
• “Have I done everything reasonably practicable to make
my workplace safe?
Prosecution
• The MOL inspector must show a breach of the
duty by the employer
• The MOL inspector shows that the employer
failed to protect the worker
• Was all due care taken in the circumstance?
• Not only general safety steps
• Specific steps taken to prevent the alleged
contravention are required
Due Diligence, Supervisor
Knowledge + Training + Experience = Competent person

Actions
Policy Communicate
Procedures Train
Practices Implement
Monitor
Enforce
Measure success

Documentation