When companies or individuals are charged with violating the OHS laws, the most common defence they raise is due diligence—that is, they took all reasonable steps to protect workers’ health and safety, ensure compliance with OHS laws and prevent the violations.
We recently asked if you thought your organization exercises due diligence. It was reassuring to see that 43% said yes, while another 41% said yes as to some hazards but not others.
Still, 16% said no. And even the safety professionals that think their companies are in good shape due diligence-wise could benefit from tips and insights from court cases that involved this defence.
On Nov. 5, we’ll be holding a webinar in which Adrian Miedema, a partner at Dentons Canada LLP, will help you tailor your due diligence strategy so you have the kinds of evidence that the courts look for in OHS cases.
This 60-minute webinar will answer questions like:
- How often does a due diligence defence succeed in court?
- What are the characteristics of successful due diligence defences?
- What are the characteristics of unsuccessful due diligence defences?
- What criticisms have courts had for employers’ due diligence programs?
Attendees will also get concrete guidance on:
- Reviewing and updating due diligence policies
- Encouraging supervisors to collect the right due diligence material
- Organizing due diligence material for use in court
- Disciplining workers for safety violations, as part of a due diligence strategy.
In addition, all attendees will get a special report on lessons from recent due diligence decisions.
For more information on due diligence, go to the OHS Insider’s Due Diligence Compliance Centre, which contains each year’s Due Diligence Scorecard as well as dozens of other articles and information on due diligence, such as 10 due diligence traps to avoid.