What is Due Diligence in Health and Safety in Ontario Canada: Essential Legal Framework and Requirements

What is Due Diligence?

Due diligence under the Occupational Health and Safety Act (OHSA) refers to the legally required steps that employers must take to ensure a safe work environment. It is a proactive process that obliges employers to assess and address potential hazards before they lead to incidents or injuries. Fulfilling due diligence goes beyond following legal requirements. It involves actively engaging in initiatives that promote a culture of safety, implementing comprehensive safety policies, conducting regular training, and maintaining documentation.

Key Takeaways

• Due diligence is a legal obligation under Ontario's Occupational Health and Safety Act, requiring employers to take all reasonable precautions to protect workers.
• Demonstrating due diligence requires a proactive, documented approach: identify hazards, implement controls, train workers, and review the program continuously.
• A due diligence checklist is one of the most effective ways for employers to evidence their commitment and stand up to regulatory scrutiny.

Understanding Due Diligence in the OHSA Context

Legal Framework and Definitions

Under OHSA, due diligence is the degree of judgment, care, prudence, determination, and activity that a person would reasonably be expected to exercise under particular circumstances. Employers must take all reasonable precautions to prevent violations of health and safety laws and to prevent injuries.

Occupational Health and Safety Act (OHSA): Ontario's primary legislation governing workplace health and safety. It sets out duties for employers, supervisors, and workers, and provides the Ministry of Labour with enforcement powers.

Due Diligence: The standard of care expected of a reasonable person to anticipate and prevent foreseeable hazards. It is also the legal defence available to an employer who has taken every reasonable precaution to prevent an offence.

Roles and Responsibilities of Workplace Parties

Employers are responsible for ensuring health and safety by complying with regulations and implementing policies. Workers must perform their jobs according to their training and use required personal protective equipment. Supervisors must advise workers of any dangers in the work environment and ensure compliance with the Act.

Due Diligence Checklist

1. Understand all applicable health and safety laws, regulations, and standards.
2. Implement written policies and programs covering each identified hazard.
3. Conduct regular safety audits and workplace inspections.
4. Provide ongoing training, including new hire orientation and refresher sessions.
5. Keep accurate, dated records of training, inspections, and corrective actions.
6. Involve workers in safety discussions through joint committees and worker representatives.
7. Communicate safety procedures clearly so every worker understands their role.

Implementing Due Diligence Strategies

Training and Education

Employers must ensure that all employees receive comprehensive training on workplace hazards, safety policies, and emergency procedures. Key training components include:

• Understanding the organization's health and safety program.
• Recognizing and responding to workplace hazards.
• Instructions on the use of control measures and personal protective equipment.

Hazard Identification and Control

A systematic approach to hazard identification includes regular workplace inspections and incident reviews. The joint health and safety committee plays a critical role in identifying risks and recommending corrective actions.

Hazard control strategies follow the hierarchy of controls:

• Elimination or substitution of the hazard.
• Engineering controls to isolate workers from the hazard.
• Administrative controls such as policies, procedures, and training.
• Personal protective equipment (PPE) as a last line of defence.

Documentation and Record Keeping

Records to maintain include equipment maintenance logs, training records, and joint health and safety committee meeting minutes. A documentation checklist should cover:

• Training logs for every employee.
• Up-to-date written policies and procedures.
• Records of identified hazards and the corrective actions taken.
• Maintenance and inspection reports for equipment and the workplace.

Enforcement, Compliance, and Legal Ramifications

Ministry of Labour Role

The Ministry of Labour, Immigration, Training and Skills Development enforces health and safety legislation through workplace inspections and investigations. The Ministry also communicates regulatory changes to workers and employers and supports compliance through guidance materials.

Rights and Remedies for Workers

Workers in Ontario have three core rights under OHSA:

• The right to know about hazards in the workplace.
• The right to participate in safety discussions through their representative or the joint committee.
• The right to refuse work they believe is unsafe.

Penalties for Non-Compliance

Penalties for non-compliance are scaled according to the severity of the violation. Minor violations may result in orders or modest fines, while serious incidents involving injury or death can lead to substantial corporate fines and personal charges against directors and officers.

The information provided on this website does not constitute legal advice. All information is for general informational purposes only. Readers should contact their attorney for advice on any particular legal matter.

Need Health and Safety Help?

Get in touch with us today. Contact CCL Health & Safety to talk through your due diligence program and where it can be strengthened. You can also try our Due Diligence Assessment for a quick read on where you stand.