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Due Diligence

2022 Semi-Annual Scorecard

RELATED MATERIALS

2021 Due Diligence Guide

New regulations have taken effect regarding workplace safety, temporary layoffs, right to disconnect, privacy, and COVID-leave to name just a few. What’s more, the courts, although frustrated by COVID restrictions, have been busy establishing precedence when it comes to worker’s harassment complaints, inspections, and other safety hazards.

Download the guide here.

Due Diligence Cases Scorecard 2021

Check out our 2021 Due Diligence Cases Scorecard that outlines 16 OHS cases from 2021. In this scorecard, you will find details on 16 separate OHS cases, whether or not each case won on a due diligence defence, the total AMP for each case, and much more.

Get your scorecard here.

Is Relying on Training from Previous Employers Enough to Comply with OHS Training Requirements?

OHS laws say employers must “ensure” workers have the training they need to perform their job safely; they don’t say that employers have to provide that training themselves. This issue comes into play when you hire experienced workers to perform hazardous jobs knowing that they have received extensive safety training from their previous employers. The question then becomes whether you can rely on this previous training to satisfy your duty “to ensure” that the worker is properly trained to do the job at your site. Going through the following scenario and quiz will help you answer that question.

Take the quiz here.

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For nearly 2 decades, OHS Insider has been the only source of data tracking due diligence in OHS cases across Canada. Why do we do it? Technically, “due diligence” is a legal defence that only comes into play when you or your company is charged with an OHS offence and the prosecution proves that you actually committed the violation. At that point, due diligence becomes a matter for the defence lawyers rather than the OHS coordinator.

The court cases are the key to compliance because they illustrate how these legal principles play out in real-world situations. Each case tells the tale of an actual company’s OHS compliance experience and what it did right or, in the majority of cases, wrong. And while no 2 cases are ever exactly the same, by emulating what companies did right and avoiding what they did wrong, you can improve your own OHS compliance efforts.

How Due Diligence Works

Unlike criminal laws, simply committing an act the law bans or omitting to do what it requires may be enough to convict a defendant of an OHS violation. It doesn’t matter whether you did it on purpose or what was on your mind. At least that’s how the OHS laws were originally written. Due diligence, which was created by the Canadian Supreme Court, provides a bit of a safe haven from “strict liability” by allowing defendants to avoid liability for OHS violations they didn’t mean to commit. The due diligence defence has 2 branches:

  • Reasonable steps applies when the defendant shows that it took reasonable steps to comply with the law and prevent the violation; and
  • Reasonable mistake of fact applies when the defendant proves that it reasonably relied on a set of facts that turned out to be wrong but had they been true would have made the act or omission legal.

Download the new 2022 Semi-Annual Due Diligence Scorecard today and get all the information you need from the 8 OHS cases that were decided on the basis of a due diligence defence in the first half of 2022.

That’s not all! OHS Insider also has these great Due Diligence related materials for you to check out. Simply click on the buttons below.

OHS Program Documentation Checklist
Incident Investigation Form
Supervisor Guidelines for Enforcement of OHS Rules

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“With OHS Insider, I am on-top of legislation and cases that impact our policies and procedures, but I also save hundreds of hours by using all the templates to guarantee my compliance.”

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Fill in your information to receive your Due Diligence Scorecard

Name(Required)
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OHS Insider does not sell your contact information and adheres to a strict privacy policy. Included in your registration is a 2 week trial to OHS Insider that is bound to the terms & conditions outlined here.

This field is for validation purposes and should be left unchanged.

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