The Top 10 OHS Compliance Cases of 2022 (So Far) & Their Impact on You
The court cases most likely to directly affect your OHS program and policies.
Key OHS cases from the first 6 months of 2022 addressed issues ranging from the authority of OHS inspectors to whether workers comp bars lawsuits by foreign workers who suffer job-related injuries in Canada. Of course, there were also key rulings on perennial OHS issues like drug testing, due diligence and work refusals. Here’s our Top 10 list of OHS cases for the period.
Check out the top 10 here.
2022 Due Diligence Semi-Annual Scorecard Special Report
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.
However, the OHS coordinator’s primary responsibility is to prevent things from getting that far. How? By running a robust OHS program that complies with all regulatory requirements. In this context, the term “due diligence” goes from being a legal defence to a standard for evaluating the compliance of your OHS program. Exercising due diligence is the key to preventing violations and, if all else fails, avoiding liability for those that do occur.
Download your scorecard here.