Anatomy of a Successful Due Diligence Defence

While working on a water main project in Ontario, a company had to “pull” a pipe around a corner onto a side street. The supervisor and foreman told a worker to stand on the northeast corner and monitor the pipe and pedestrian traffic during the pull. While walking north in the westbound lane of the road, the worker doing the monitoring was struck from behind by the pipe. As a result, his leg was broken. The company, supervisor and foreman were charged with violating the OHS Act by failing to ensure that material was moved in a manner that didn’t endanger a worker. The court dismissed the charges, ruling that the company, supervisor and foreman had exercised due diligence [R. v. King Paving & Materials Co.].