Can I Prove My Diligence?

This is the opinion of the Construction Safety Services Inc., and is NOT to be considered as legal advice.

There is no exact formula to prove diligence, each case is examined on its merits. However the courts have general guidelines for proof of diligence, safety professionals and legal experts will agree that the following questions are key for any diligence program.

  Ask the following questions within your company

  • Do you have a current (dated within one year) health and safety policy?
  • Have you developed a program to implement your policy?
  • Is your program reviewed annually? Review documented?
  • Do you have a senior manager that oversees and reviews the program and performance?
  • Does your program accurately reflect the type of operations performed, and safety aspects of all major tasks?
  • Does your H & S program outline responsibilities for all; management, supervisors, workers and health and safety representatives?
  • Have you communicated to your workers, supervisors and management the need for a safety program, and ensured workers know their responsibilities? (Safety Orientation) Do you have documentation?
  • Are your workers and supervisors properly trained? WHMIS, fall protection, first aid/cpr, propane, rights and responsibilities? Do you have proof of training?
  • Was the training held within the last 2 - 3 years or as regulated?
  • Does supervision meet the definition of competent person as defined in the Occupational Health & Safety Act?
  • Is there weekly site and tool/equipment inspections? Documented?
  • Is there a health and safety representative on your job?
  • Do you need a health and safety committee on your job?
  • Do you have health and safety meetings? Are they minuted?
  • Posted materials? i.e., OHSA, reg. 1101, policy & program, form 82...etc?
  • Do you have a MSDS binder with all MSDS for hazardous materials used?  Do you enforce MSDS review by workers and compliance with any control measures?
  • Do you have a accident and incident reporting procedure for your supervisors, employees and sub contractors?
  • Are dangerous circumstances reported immediately?
  • Are workers regularly informed of hazards or potential hazards?
  • Is corrective action against dangerous circumstances taken immediately?
  • Do you have a progressive discipline system?
  • Do workers receive warnings or other discipline for non compliance? Is it documented?
  • Have you taken all reasonable precautions to ensure worker safety?
  • Do you have a method of evaluating sub contractors, workers and management for skill levels and compliance with your program? If poor performance is identified what is done about it?

As previously stated documentation cannot be overstated. The defence for most OHSA charges, will be the proof of diligence, which relies on an implemented Health & Safety program and consistent documentation.

This is the opinion of the Construction Safety Services Inc., and is NOT to be considered as legal advice.

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