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By Alyson N.
Due diligence in the workplace is hard to define The safety coordinator will tell you that safety starts with the employer. Management need to take all reasonable precautions, under strict circumstances , to prevent falls and accidents in the workplace. Management must understanding the difference between the principles of due diligence and applying those principles in the workplace.
Principles of Due Diligence
The OHSA outlines the level of accountability for all employers, supervisors, and workers when on the job. A supervisor must know how to apply due diligence. It is a critical part of their job. Many supervisors focus on production and overlook safety. This is why due diligence can be a challenge.
The Supervisor is caught between the employer and the employee. They must answer to both his boss, and the safety coordinator. It is their duty to make certain the OHS program is legally sufficient and will withstand the scrutiny of due diligence. In the event of an investigation, to prove due diligence the defendant (employer) must establish that all reasonable steps were taken, or realistic care considering the steps a prudent person might have taken in the situation were taken to prevent the breach of regulations. If charged, a defendant may be found not guilty if they provide evidence that all precautions, reasonable under the circumstances, to satisfy his obligations, were taken to protect the health and safety of all workers. As part of its due diligence, an employer must execute a plan to identify possible workplace hazards and carry out the appropriate corrective action to prevent falls, accidents or injuries.
Application of Due Diligence
Should the employer be taken to court, they are asked if there was an effective risk management system (to prevent ill health, pollution and workplace injuries) prior to the offense. They must be able to prove the following. Was the system operating effectively? Was the system being maintained? Was the equipment in good condition? Was the equipment made for the application? Was the equipment certified?
Key to meeting the test of due diligence is development, implementation and maintenance of an effective health, safety and environmental management program. Proper policy and procedures and documentation systems need to be in place. Proof of activity must demonstrated and proven how it met the limitations of due diligence. These can be different for different industries and companies.
The supervisor knows more about the workplace hazards. A wise employer takes the time to listen to supervisors. They empower their supervisors to implement protocols. The supervisor ensures that the workers are trained, have the right safety equipment, advise workers of the hazards and provide written instructions to communicate them. If the supervisor does not take the safety strategy seriously, then the employer may find themselves unable to confirm due diligence.
Safety Supervisor’s Input
Supervisor input is necessary to any well-developed H&S management plan. Several ongoing activities create a paper trail that can be used in your defense. These include safety talks, H&S policy and procedures training, H&S training, near miss reporting, hazard reporting, and thorough accident investigations provide evidence of activity. These not only offer an opportunity for the employer to defend themselves. A paper trail can alert management when the employees are becoming careless. This puts several levels of management into a position to address the failures before an accident happens: failing to train workers properly, equipment not properly maintained, allowing wrong person to do the job, using the wrong equipment, having insufficient people on the job, not knowing that a danger exists, and allowing workers to hurry.
What is due diligence? Due diligence is a legal concept. It is the day-to-day activities of the workers and in the role of a supervisor.
Understanding the legal obligations of due diligence under the OHSA is the only way to design an effective health, safety and environmental management program. And an effective health, fall prevention and workplace safety and environmental management program benefits the company, the workers and the community.
About the Author: Alyson N. offers 10 years Human Resources, and is published in print and on the web. Her Employee Safety and Fall Prevention articles are posted around the web, including: Carbis Fall Prevention Systems
Source: isnare.com
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