Welcome to Due Diligence

1
WelcometoDue Diligence
Franklin Penny Occupational HS
Consultant Industrial Accident Investigation
Association
2
Session Objectives
O/H 1

• Meaning of due diligence
• Duties and Responsibilities of all workplace
  parties
• Strategies to demonstrate due diligence

3
What is Due Diligence?
O/H 2

• Taking every precaution reasonable
• A basic standard
• The main defense available
• A proactive management tool

4
What is Due Diligence?
O/H 3

• Present in the workplace before an accident /
  incident takes place
• Written policies, practices and procedures
• Training and instruction
• Observation and monitoring
• Consistent enforcement
• Record keeping

5
What is Required?
O/H 4
Workplace parties must understand and comply with
duties
6
Due Diligence RequiresThat an Employer
O/H 5

• Identify all risks that are foreseeable
• Implement a health and safety system
• Take proactive measures

7
Key Components ofDue Diligence
O/H 6

• Compliance
• A Documented system
• Practices, procedures and controls
• Written policy and program
• Instruction and training
• Communication
• Time and resources
• Monitoring

8
Health Safety Policy
O/H 7

• A Health Safety Policy is a statement of intent
  and commitment to plan for coordinated management
  action. A policy indicates the values, goals and
  priorities of your organization when it comes to
  preventing injuries and illness at work.

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Health Safety Program
O/H 8
It should include written procedures for

• Identifying risks
• Establishing controls
• Measuring and evaluating
• Defining responsibilities

10
Duties Under the OHSA
O/H 9

• Section 23 Duties of Constructor
• Section 24 Duties of Licensees
• Section 25 Duties of Employers
• Section 26 Additional Duties of Employers
• Section 27 Duties of Supervisor
• Section 28 Duties of Workers
• Section 29 Duties of Owners
• Section 30 Duties of Project Owners
• Section 31 Duties of Suppliers
• Section 32 Duties of Directors and Officers
  of a Corporation

11
General Duties ofEmployers Supervisorss.25(2)
(h) 27(2)(c)
O/H 10
Employers and supervisors have a general duty to
do everything reasonable in their workplace to
protect worker's health and safety
12
Duties of Employers (s.25)
O/H 11

• Provide, maintain and ensure
• Inform, instruct and supervise
• Appoint competent supervisors
• Acquaint workers
• Prepare a policy and program
• Assist the JHSC
• Take every precaution reasonable

13
Additional Duties of Employers (s.26)
O/H 12
These include (where prescribed)

• Occupational health service
• Medical surveillance program
• Safety-related examinations and tests
• Records
• Written instructions for workers
• Training programs

14
Charges to employers, supervisors and workers
Can this happen to you The people who
were charged didnt are you next
15
What Needs To Be In Place For Employers ?
O/H 13

• Commitment
• Documented policy and program
• Procedures
• Supervisor and worker training
• Orientation
• Promotion
• Hazard identification training
• Hazard identification and analysis
• Personal protective devices standards
• JHSC
• Management and JHSC training

16
Duties of Supervisor (s.27)
O/H 14

• Ensure workers work in a safe manner
• Ensure use of PPE
• Advise workers
• Provide written instructions
• Take every reasonable precaution

17
What Needs To Be In Place For Supervisors?
O/H 15

• Commitment
• Hazard training
• Legislative training
• Communication skills
• Safe work procedures
• Accident investigation
• PPE training and fitting
• Progressive discipline

18
Duties of Worker (s.28)
O/H 16

• Work in compliance
• Use PPE
• Report hazards
• Not make guards ineffective
• Work in a safe manner
• No rough, boisterous conduct

19
What Needs To Be In Place For Workers ?
O/H 17

• Worker training
• PPE standards
• Hazard identification training
• Hazard reporting system
• Machine guarding
• Safe work procedures
• Commitment

20
Directors and Officers (s.32)
O/H 19
Directors and officers have a personal obligation
to take all reasonable care to ensure that the
corporation complies with the Act, its
Regulations and with any orders and requirements
of Inspectors and Directors of the Ministry of
Labour.
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Directors and Officers Duties
O/H 20

• Ensure that a system is in place
• Review health and safety issues
• Act promptly
• Follow up
• Keep documentation
• Take appropriate steps

22
Joint Health Safety Committees (s.9)
O/H 21
The employer must be able to show that he or she
actively supports and fully cooperates and
consults with the health and safety committee or
representative.
23
Joint Health Safety Committees
O/H 22
The employer must ensure that they address

• Composition and structure
• Terms of reference
• Sufficient time, money and other resources
• Training of JHSC members
• Certification training

24
Joint Health Safety Committees
O/H 23
The employer must ensure that they address

• Response to recommendations
• Provision of information
• Consultation on training
• Review of training
• Consultation on safety and industrial hygiene
  tests

25
Work Refusals
O/H 18
In order to prove due diligence in a work refusal
situation, the employer must be able to prove

• Letter and spirit of the procedure were followed
• Foreseeable hazards were identified
• Policies, practices and procedures were in place,
  and
• Instruction and training were provided

26
Contractors s.25(2)(h)
O/H 24

• The employer must take all reasonable steps,
  including training and testing, to ensure that
  contractors understand their obligations under
  the OHSA and comply with them.

27
Contractors
O/H 25
Employers should ensure that

• Training and testing is carried out
• Contractors understand and agree to comply
• Safe work practices and obligations are reviewed
• Documentation is in place
• Work site is visited
• There is written confirmation of compliance
• Meetings and discussions are documented

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Strategies for Demonstrating Due Diligence
O/H 26
Hazard Identification, Assessment and Control

• An important activity is to develop and implement
  procedures to identify hazards before an accident
  occurs - this is foreseeability of risk.
• Once a hazard is identified, the employer must
  take corrective action and document it to prove
  due care.

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Strategies for Demonstrating Due Diligence
O/H 27
Hazard Identification, Assessment and Control
Hazards are identified through

• Job safety analysis
• Workplace inspections
• Accident and incident investigations
• Industrial hygiene exposure assessments
• Chemical process safety
• System safety reviews

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Strategies for Demonstrating Due Diligence
O/H 29
Hazards Identification, Assessment and Control
involves

• Hazard identification and communication
• Monitoring work areas and equipment
• Written procedures
• Supervisors actively involved
• Hazard assessment procedure
• Control mechanisms and standards

31
Strategies for Demonstrating Due Diligence
O/H 29
Instruction and training

• Providing instruction and training to all
  workplace parties is a key component of any due
  diligence defense.
• Workers must be made aware of every potential
  hazard and trained in how to perform every aspect
  of their work safely and efficiently.

32
Strategies for Demonstrating Due Diligence
O/H 30
Instruction and training should include

• Orientation training
• Legal obligations
• Working safely and efficiently
• Hazardous materials and hazardous physical agents
  - WHMIS
• Safe use of equipment
• Personal protective equipment
• Emergency procedures

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Strategies for Demonstrating Due Diligence
O/H 31
For Instruction and Training, there should also
be procedures for

• Evaluation
• Updating
• Documentation
• Monitoring and Enforcing

34
Strategies for Demonstrating Due Diligence
O/H 32
Communication

• It is essential to communicate with employees on
  an ongoing basis about the specific risks in
  their jobs and the specific steps that should be
  followed to guard against an accident or injury.

35
Strategies for Demonstrating Due Diligence
O/H 33
Communication involves

• Regular communication from management and
  supervisors on
• hazards
• changes to tools, equipment, materials, processes
  and procedures
• Regular discussions on health and safety
• Posting safety rules and procedures

36
Strategies for Demonstrating Due Diligence
O/H 34
Notices and Orders

• The law has set out criteria for reporting and
  notices, and a duly diligent employer must take
  note and have these well documented as evidence.

37
Strategies for Demonstrating Due Diligence
O/H 35
Accident / Incident Investigation Reporting
The procedure should include

• Management involvement
• Corrective action
• Involving the JHSC or safety representative
• Filing notices
• Securing the workplace
• Follow up action
• Designated management contact
• Review of accident / incident reports
• Cooperating
• Complying

38
Strategies for Demonstrating Due Diligence
O/H 36
Auditing
Regular evaluations of the entire health and
safety system. A company needs to be able to
demonstrate that it not only has a health and
safety system in place, but that all activities
of the program are working effectively.
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Strategies for Demonstrating Due Diligence
O/H 37
Auditing

• At least annually
• Carried out by qualified persons
• Examination of results
• Corrective action
• Documented

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Strategies for Demonstrating Due Diligence
O/H 38
Emergency Planning

• An emergency procedures plan should include

• Natural emergency plans
• Technological emergency plans
• Social emergency plans
• Procedures for dealing with hazardous materials
• First aid facilities
• Emergency training

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Summary
O/H 39

• Due diligence requires that employers,
  supervisors and others understand and carry out
  their legal duties, assess the risks and hazards
  in the workplace on an ongoing basis, and take
  all reasonable precautions with respect to those
  risks.

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Questions ?
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Due Diligence
The End
Thanks for coming and have a safe day