OH&S Due Diligence in Ontario

Benefits of This Program:

  • Complete program for supervisors and managers on how to implement and manage OH&S due diligence standards in the workplace
  • Confronting reality of workplace accidents that fatally injure hundreds and permanently disable thousands of Ontario workers each year
  • Awareness of frequency of corporations, supervisors, officers, and directors being convicted of violating the OHSA
  • Preventive insight to avoid corporate fines as high as $100,000 to $500,000 and individual fines up to $25,000, plus jail terms
  • Considering courts' and prosecutors' increasing perception of OH&S violations as "crimes" under the Criminal Code of Canada
  • Applying court-established OH&S due diligence standards to prevent most accidents and prosecutions as part of workplace health and safety programs

Learn:

  • Concurrent responsibilities of workplace parties
  • Reasons to go beyond the OHSA and regulations
  • Use of non-government standards and guideline as "every precaution reasonable"
  • Understanding the responsibilities and potential liability of corporate officers and directors
  • How to implement proactive systems
  • How to establish a health and safety program that meets key, court-established due diligence standards
  • Understanding court standards for hazard identification, monitoring, and communication: why you can't argue "we didn't know" about a hazard, practice, or new issue at the workplace
  • Meeting court expectations of discipline: how and when to discipline for health and safety infractions
  • How and when to use notes and checklists (precedents provided)

Agenda

Obligations under the Occupational Health and Safety Act - A Refresher

  • The workplace parties: employers, constructors, supervisors, officers and directors, workers
  • Basic obligations of each party under the Act
  • Obligation to ensure competency of supervision
  • How the obligations of the parties fit together
  • Regulations: how they fit with the Act and determining which ones apply to the workplace

Consequences for Failure to Meet Obligations Under the Act

What happens if you violate the Act

  • Penalty provisions for corporations and individuals
  • Aggressive enforcement
  • Trends in sentencing and fines being imposed against companies, supervisors, officers, and directors

How to Bring Due Diligence to the Workplace: A Step-by Step Review

  • Components of a workplace program of due diligence
  • How to implement an ongoing due diligence program
  • Identification of foreseeable hazards in the workplace
  • Developing proper policies, practices, and procedures: supervisory role in development and on-going review
  • Supervision and expectations of supervisors
  • Ensuring proper training in specific policies and rules for work
  • Ensuring worker familiarity with specific safety hazards and risks with work
  • Creating a system to ensure that supervisors train each new and transferred worker in procedures and specific hazards
  • Creating a system to alert workers to hazards of new equipment, machinery and communicate, and coordinate work
  • Creating a system to monitor compliance
  • Auditing and inspecting for risks
  • Creating a system for ongoing reminders of risks and policies, practices, and procedures (crew meetings and other mechanisms)
  • Determining whether supervisors are monitoring with sufficient frequency for risks
  • Real court case examples and problems or relevant workplace issues dealing with key components of due diligence
  • Practical aspects of distinction between how the company properly implements due diligence and how supervisors and managers implement personal due diligence

Discipline for Safety infractions: An Important Aspect of Due Diligence

  • Court comments and arbitral review of discipline for health and safety
  • Practical and legal aspects of imposing discipline effectively
  • Case examples and problems using actual arbitration cases

Documentation of Due Diligence Efforts

  • Importance of supervisory documentation of key due diligence components
  • Documentation of facts to support discipline and the disciplinary process
  • Limitation periods for prosecutions under OSHA and time frames for maintaining documentation

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact:

Program Administrator
Tel: 416-862-1616 or 1-866-821-7306
info@stringerllp.com