Due Diligence Legislation assignment #2 1. Where did the term “due diligence” come from, what case? The term due diligence came form the case Sault Ste. Marie, know as strict liability offences, by Supreme court of Canada. Due diligence and the strict liability were offered in response to the inadequacies of the existing criminal law, due to the actions that occurred in polluting the water source in Sault Ste. Marie, Ontario. “SCC”) in R v. Sault Ste. Marie, [1978] 2 S. C. R. 1299; 5 D. L. R. (3d) 161 (“Sault Ste. Marie”) 2. What is the “due diligence test”?
The due diligence test is the “Reasonable Person Test” which is a subjective way of determining someone’s guilt or innocence. Two questions are always asked to keep up-to-date with accurate information, these two questions are: 1. “Are reasonable steps being taken and are adequate systems in place to anticipate and detect the risk associated with our operations? ” 2. “Have systems been put into place to ensure that identified risks are avoided and managed properly if they occur, and are those systems being implemented properly? ” 3.
In your own words what does it mean? Due diligences are the understanding and knowledge of proper work techniques that are practiced. Therefore employees take part in a safe productive work places. To properly take part in a safe work place employees must be compliance with their work practice. First step in due diligence is to be able to point out any hazards that may affect your health and safety before any work begins. Secondly, being able to prevent any incidents form occurring will maintain a strong understanding of the work.
Lastly, controlling the work site is key, maintaining the health and safety of employees is an important role within an organization. Practicing the role of due diligence will allow others to recognize men or women are capable of practicing the proper techniques of health and safety. 4. How does it apply to OH&S? Where is it used? Due diligence is an important factor in the work practice; it is used everyday for health and safety towards workers. If an employee or employer are being charged towards an incident, they may plead not guilty if they can prove they have practiced due diligence and are compliance with their work practice.
Due diligence is used in a courtroom to prove your innocents of the accused. The three factors that the judge and jury look at are foreseeability, preventability, and control. Forseeability - is having safety procedures, policies, and practices available to employees. This allows the workers to have more knowledge and understanding of the worksite. Proper training which is available to workers prevents many incidents from occurring, allowing the workers to able to notice hazards before any measures are taken.
Preventability - Many incidents are preventable from taking place on worksites, employees who are trained to code are eligible to prevent incidents from occurring. Those who are trained accordingly note the hazards on site, make sure everyone knows emergency practices, and policies are being followed. Having an understanding prevents many incidents from occurring providing a safe and healthy environment. Control - To properly control incidents from occurring begins with the employers.
Providing safety procedures, practices, and policies to employees is the first step in controlling the work site. Secondly employers must identify that employees are compliance to their work practice. Lastly, if the employees have the knowledge and understanding of their scope they are capable of controlling incidents. Citations: * www. wikicfo. com/wiki/default. aspxautodetectcookiesupport=1 * www. ccohs. ca * www. labour. gov. bc. ca/eao/factsheets/due_diligence. pdf * http://employment. alberta. ca/documents/WHS/WHS-PUB_li015. pdf
