OHS Due Diligence: The Essentials of Taking Reasonable Care as a Manager or Supervisor

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Date: November 8, 2017

Speaker: Jeremy Warning | Mathews, Dinsdale & Clark LLP

Slides: Click Here

Due diligence by managers and supervisors is ever – critical for both organizations and individuals. Enforcement of OHS requirements against individuals continues to escalate nationally– with OHS prosecutors charging supervisors and managers more often, withdrawing fewer charges (even if the employer pleads guilty), and increasingly seeking jail and significant fines for those convicted. Corporations are frequently held to account directly as a result of the actions or failures of supervision and management. The best way for supervisors, managers and corporations to help ensure a safe workplace and minimize risk of personal and organizational legal liability is by individuals taking all reasonable care –in other words, by ensuring manager / supervisory due diligence.

This detailed seminar, delivered by a former OHS prosecutor, is intended to assist supervisors and managers in understanding their legal obligations and due diligence expectations. There will be practical commentary on and scenarios to illustrate due diligence challenges and best practices. Topics addressed in the seminar will include:

  • The current Canadian OHS enforcement environment;
  • Why prosecutors charge supervisors and managers—and how to minimize this risk;
  • Who is a supervisor for OHS purposes?
  • Understanding supervisory due diligence and all reasonable care; and
  • Properly documenting due diligence—before incidents occur.