Why Due Diligence
It is important to exhibit due diligence within a workplace because it is the only line of defense for an employer. Implementing a safety program that has all the required elements is key. The program must clearly state all the roles and responsibilities for all parties. An employer must ensure that they have prevented, reduced or eliminated all hazards as far as reasonably practicable. Enforcing daily, weekly, monthly inspections is critical to implementing a proper health and safety program. This shows dedication towards keeping a workplace free from hazards. Establishing proper Job Hazard Analysis and Safe Work Procedures can help prove due diligence in the event an employer is taken to court.
Workers have the right to know about workplace hazards, how to identify them and how to protect themselves from them. Workers also must know and use their rights under the act participating in workplace safety and health decisions.
Elements Needed
- Commitment, Accountability and Responsibilities.
- Violence and Harassment Policy and Program.
- Job hazard analysis of all work performed.
- Emergency Preparedness Plan.
- Maintenance Programs.
- Written safe workplace measures and procedures.
- Environmental Policies.
- Training.
- Investigations.
- Statistics/Auditing.
- Safety culture.
Be Proactive
Implementing planned formal and informal inspections displays due diligence. It is crucial to have a list of items that need to be inspected. Hazards must be identified and ranked. This list will need to be modified as the program developer sees fit.
A huge component of due diligence is investigating any incidents that occur, implementing corrective action and following up to ensure proper legislative standards are met.
Proper training and education must be implemented and kept on record. Training should include upper management down to field employees. Although keeping all documentation and organizing it seems tedious, it is crucial.
Satisfying Legislation
When obtaining records, reports and documentation these activities should be included (Canadian Centre for Occupational Health, 2019):
- Worker orientation, education, and training.
- Competent employer / supervision / lead-hand.
- Pre-Start safety reviews.
- Workplace inspections and incident reports that include any corrective actions.
- Supervisor notes (e.g., inspections, meetings with workers or contractors regarding safety, etc.).
- Health and safety committee meeting minutes.
- Equipment logbooks and maintenance records.
- Hazardous chemicals/product identification.
- Emergency response drills and exercises.
- Hygiene testing to monitor worker exposure.
- Ergonomic assessments.
- Instructions/safe work procedures, including any changes.
- Forms and checklists used when following safe work procedures (e.g., confined space entry permits).
- Notice of accidents to the proper authority.
- Enforcement of health and safety rules, procedures.
(Canadian Centre for Occupational Health, 2019; Ontario Regulation, 2019)
Continuous Improvement
It is important to meet regularly with staff to discuss health and safety matters, inspect areas of the workplace under their responsibility and respond promptly to unsafe conditions and activities. Paying attention to routine and non-routine activities ensures employees understand the hazards and the preventative measures to be followed (Safe Work Manitoba, 2010).
The employer should monitor the workplace to ensure that everyone is following the policies, practices and procedures. Employees must report “near misses” and these should be further investigated. Once investigated the workplace should incorporate information from the investigations into revised and improved policies, practices and procedures (Safe Work Manitoba, 2010). The employer should document all the above activities. Documentation provides an employer with a history of the company’s occupational health and safety program and how it progresses over time. It also provides up-to-date documentation that can be used as a line of defense if charges are laid in the event of an incident.
Ongoing monitoring and enforcement by the Workplace Safety and Health Division is required. Monitoring is a combination of internal observation by safety and health committees and external observation, enforcement by the Workplace Safety and Health Division (Safe Work Manitoba, 2010).
Conclusion
Employers have the most control over the workplace and the greatest degree of legal responsibility for safety and health. This does not relieve supervisors and workers from the duty to co-operate in controlling workplace hazards. They must take the necessary precautions to protect themselves and others from hazards. Remember, due diligence is demonstrated by your actions before an event occurs, not after an incident happens. All these components constitute due diligence within the workplace.
References
Canadian Centre for Occupational Health. (2019, November 29). OH&S Legislation in Canada –
Due Diligence: OSH Answers. Retrieved from https://www.ccohs.ca/oshanswers/legisl/diligence.html
Ontario Regulation. (2019, July 1). R.R.O. 1990, Reg. 851: Industrial Establishment. Retrieved
from https://www.ontario.ca/laws/regulation/900851
Safe Work Manitoba. “Guide for Developing a Workplace Safety and Health Program.”
Workplace safety and health division, June 2010, 1–99. Guide for Developing a Workplace Safety and Health Program. https://www.safemanitoba.com/Page%20Related%20Documents/resources/guide_for_developing_a_workplace_safety_and_health_program_2010.pdf
