Due Diligence Compliance Centre

When a company (or individual) has been charged with a safety violation, it can avoid liability if it successfully argues a “due diligence” defence. Due diligence is the primary defence companies use in prosecutions for safety offences. So it’s critical that you understand the two types of due diligence defences (reasonable steps and reasonable mistake of fact), how foreseeability plays into due diligence and the lessons you can learn from cases in which other companies argued due diligence.

Guidance and Insight

calendar

OHS Compliance Calendar: Upcoming deadlines, regulatory changes and enforcement events you need to prepare...

Expanded mental stress coverage, revised OELs, new storage rack rules and blitzes in Ontario.
Heights Training

Ontario Alert: The Working At Heights Training Deadline Is Coming—Are You Ready?

Who the training rules affect and the 4 things you must do to comply.

Company’s Ignorance of the Law & Passivity Undermine Due Diligence Defence

The lesson from this case is that you must be familiar with the laws that apply to your workplace, activities and equipment, and ensure you comply with them.

Saskatchewan Court Convicts & Fines Supervisor for Worker’s Electrocution

A recent case from Saskatchewan involves the prosecution of a supervisor for safety violations resulting in a worker's death. Here's a look at the decision.

TEST YOUR OHS I.Q.: Is the Lack of Safety Incidents the Equivalent of Due...

An OHS inspector says a conveyor has unguarded pinch points. The owner says there have been no incidents involving the conveyor, proving due diligence. Is the owner right?

Tools

OHS Program Documentation Checklist

Adapt this checklist and use it to ensure you have documentation to prove that you have a comprehensive and compliant OHS program.

Due Diligence Checklist

Use this checklist to determine if you have sufficient documentation of an effective OHS program in your workplace.

A Good Track Record Doesn’t Prove OHS Compliance

HOW TO USE THE TOOL Here’s a briefing that you can download and give to your CEO, Board or members of senior management to educate...

Is Following an Industry Standard the Same Thing as Due Diligence?

Accidents can happen. But as long as you exercise due diligence, that is, take all steps reasonable in the circumstances to follow OHS laws,...

Scorecards

Special Report: The OHS Insider’s 2016 Due Diligence Scorecard

The annual OHS Insider’s Due Diligence Scorecard discusses 9 reported safety cases decided since Sept. 2015 and the 13 lessons we’ve drawn from these cases.

The Insider’s 12th Annual Due Diligence Scorecard, Part 2: 13 Lessons You Can Learn...

In Part 2 of the Due Diligence Scorecard, we’ve pulled 13 lessons from recent cases, which you can apply to your OHS program and workplace.

THE INSIDER’S 12th DUE DILIGENCE SCORECARD, PART 1: A Look at Recent Cases Involving...

Part 1 of this year's Due Diligence Scorecard includes nine reported safety cases from across Canada that involve the due diligence defence.

The Insider’s 6th Annual Due Diligence Scorecard, Part 2: What You Can Learn from...

Is your company’s OHS program doing what it needs to do to comply with the law? The last thing you want to do is...

THE INSIDER’S 6th ANNUAL DUE DILIGENCE SCORECARD: Court Cases Shed Lights on Due Diligence

Violating an OHS law doesn’t necessarily result in liability. Your company can avoid liability by proving “due diligence,” that is, that it took all...