Due Diligence is gaining more and more credence in Canada with the advent of Bill C-45. The bill was introduced after the Westray mine disaster to enable the government to prosecute owners, directors, management, and supervisors under the Criminal code of Canada for negligence.

B-C45 was designed to be utilized for Senior Management however, charges were laid under it against a Supervisor in Ontario for allowing workers to enter and work in an unsafe trench which collapsed, killing a worker.  Ultimately, the Company pleaded guilty to the Occupational Health and Safety penalty laid against it  and was fined $50,000 and the charges against the Supervisor were dropped.  This case, did, however, highlight the fact the government was prepared to prosecute under this new legislation.

What is Due Diligence? Due Diligence is ensuring the Health and Safety of your employees and anyone who may be on your site.  It is doing what is reasonably practicable to protect the Health and Safety of your employees.  Due Diligence is your only defence under Occupational Health and Safety law which is different from Bill C-45.  Bill C-45 is criminal law and Due Diligence may assist companies by preventing persecution in the first place under the Criminal Code of Canada.

In Occupational Health and Safety law you are presumed guilty and must show that you did everything reasonable and practicable to prevent the situation you are being charged for from happening.  Due Diligence then, must be in place before charges are levelled…it cannot be parachuted in after the fact.

How does one create Due Diligence?  The first step is writing down your Health and Safety program.  You can ensure that management leadership and commitment is in place by having a Health and Safety policy and written roles and responsibilities for your employees.  A thorough Hazard Assessment and Control program needs to be in place with all your tasks listed and the Health and Safety hazards identified for each.  An inspection program which monitors the workplace checking for at risk behaviours and environments and whether or not your Hazard Control program is working is essential. Emergency response procedures that plan for the unexpected and test employees response to mock situations through regular drills is also an important part of your Health and Safety program. You must ensure that your first aid supplies meet legislated standards and you have adequate numbers of First Aiders.  Health and Safety legislation lays out the requirements in your province. Orientation and training ensures the competency of your employees and is driven by both legislative and industry requirements.  Following industry practices that meet and/or exceed legislative standards is often a result of good orientation and training programs. Incident investigation which seeks the root or underlying causes of an incident is important too, and appropriate corrective measures can prevent similar incidents from happening again. These are  all elements that need to be part of your program. Ensuring that your Health and Safety program statistics and records are created and monitored assists greatly in the process, too.  Workplace Violence prevention programs and Working Alone procedures are also essential components of a Health and Safety program.

 Is this all there is to Due Diligence?  Due Diligence is not only the nuts and bolts of  the essential elements of a Health and Safety program…Due Diligence is part of a ever changing environment that we all work in: Corporate Culture.  The unwritten rules win out in this environment…are you walking the talk or just talking…is Health and Safety a value or a priority at your company?  Priorities shift according to shortages of time, money and personnel…values do not. Productivity, quality and safety must all be equal in importance in order to have an efficient, safe and productive workplace.  Procedures and  rules need to be enforced and employees disciplined for safety infractions in order to achieve Due Diligence.  Due Diligence is like a brook….essential  to Safety like water is to life.  Have a good summer!

Barbara Semeniuk of Purcell Enterprises at 780-431-1284 and firstbesafe@shaw.ca

has worked with all kinds of companies in many industries to create innovative Health and Safety programs that work to protect their management team, their workers and ultimately themselves.  For more information on her services go to www.purcellenteprises.ca