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What is a Joint Health & Safety Committee?

What is a joint health and safety committee?

In the Canadian legislation, occupational health and safety committees are mentioned under slightly varying names. We have used the name joint health and safety committee to reflect its composition. The committee may also be known as the industrial health and safety committee, joint work site health and safety committee, occupational health committee, workplace safety and health committee, or health and safety committee.

A joint health and safety committee (JHSC) is a forum for bringing the internal responsibility system into practice. The committee consists of labour and management representatives who meet on a regular basis to deal with health and safety issues. The advantage of a joint committee is that the in-depth practical knowledge of specific tasks (labour) is brought together with the larger overview of company policies, and procedures (management). Another significant benefit is the enhancement of cooperation among all parts of the work force toward solving health and safety problems. In smaller companies with fewer than a specified number of employees, a health and safety representative is generally required. Consult health and safety legislation applicable to your workplace for details.

Who is responsible for establishing a joint health and safety committee?

Employers are responsible for establishing workplace health and safety committees. Most Canadian health and safety legislation set guidelines for organizing the committee, the structure of the committee, meeting frequency, and the roles and responsibilities of committee members.

Employers establish terms of reference applicable to the formation, structure and functioning of the committee. Such terms of reference must ensure:

compliance with the OHS legislation effectiveness of the committee in meeting workplace specific needs widest possible employee involvement

What does a joint health and safety committee do?

Activities of the JHSC include:

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participate in development and implementation of programs to protect the employees safety and health,

deal with employee complaints and suggestions concerning safety and health,

ensure the maintenance and monitoring of injury and work hazard records, monitor and follow-up hazard reports and recommend action, set up and promote programs to improve employee training and education, participate in all safety and health inquiries and investigations, consult with professional and technical experts, participate in resolving workplace refusals and work stoppages, make recommendations to management for accident prevention and safety

program activities, and monitor effectiveness of safety programs and procedures.

Is a committee or a representative required by law?

A Joint Health and Safety Committee or the appointment of representatives is either mandatory or subject to ministerial decision in all Canadian jurisdictions. Certain types of workplaces may be exempt from this requirement, depending on the size of work force, industry, accident record, or some combination of these factors. Consult the most up-to-date applicable legislation to find out what are requirements for your workplace.

When are health and safety committees required, how many people are on the committee, and who are committee members?

Table One provides brief information about the committees: when they are necessary, size and representation. This summary is intended to provide basic facts. Please consult the legislation applicable to your workplace for exact information.

Table 1

Legislation Requirements for Health and Safety Committees

When do I need one? Size of

Committee

Representation

Canada Mandatory - 20 or more employees At least 2 At least half to

represent employees

British Columbia Mandatory - when there are 20 or

more employees or when "required

by order"

Not less than 4 At least one half must

be worker

representatives

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Alberta As directed by the Minister At least 3 and not

more than 12

At least two employees

and one employer or or

at least half employees

Saskatchewan Mandatory - when 10 employees or

more

At least 2 and not

more than 12

At least half to

represent employees

Manitoba Mandatory - 20 or more employees

as designated by Lt Governor

At least 4 and not

more than 12

At least half to

represent employees

Ontario Mandatory - 20 or more employees,

or when ordered by Minister, or

where a designated substance is in

use (no minimum number of

employees)

At least 2 (fewer

than 50

employees); At

least 4 (50 or

more employees

At least half to

represent employees

Quebec 20 or more employees and where

required by CSST*

At least 4 At least half to

represent employees

New Brunswick Mandatory - 20 or more employees As agreed upon by

employees and

employer

Equal Representation

Nova Scotia Mandatory - 20 or more employees As agreed upon by

employees and

employer

At least half to

represent employees

Prince Edward Island Mandatory - 20 or more employees As agreed upon by

employees and

employer

At least half to

represent employees

Newfoundland Discretionary - 10 or more

employees

At least 2 and not

more than 12

At least half to

represent employees

Yukon Mandatory - 20 or more employees At least 4 and not

more than 12

At least half to

represent employees

Northwest Territories As directed by Chief Safety Officer Not Specified Equal Representation

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Joint Health & Safety Committee - Creation

How are members on the committee selected?

Health and safety committee consists of worker (employee) and management members. Health and safety legislation specifies how the members on the committee are to be selected. Consult the legislation applicable to your workplace. Generally, the management members are selected by the management (employer). The worker members are selected by employees or by the union (if there is one).

Note: In Canada the name of the health and safety committee varies from one jurisdiction to another (see table below). In the following sections we will refer to them as "Joint Health and Safety Committee".

Jurisdiction Title of Health and Safety Committee

Canada: Federal Workplace health and safety committee

Alberta Joint work site health and safety

committee

British Columbia Joint health and safety committee

Manitoba Workplace safety and health committee

New Brunswick Joint health and safety committee

Newfoundland and

Labrador Occupational health and safety committee

Northwest Territories Joint work site health and safety

committee

Nova Scotia Joint occupational health and safety

committee

Nunavut Joint work site health and safety

committee

Ontario Joint health and safety committee

Prince Edward Island Joint occupational health and safety

committee

Quebec Health and safety committees

Saskatchewan Occupational health committee

Yukon Joint health and safety committee

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What is the ratio of management to labour members on the committee?

The laws typically state that there should not be more management members on the committee than labour members.

How do I know if the members on the committee are representative of the workplace?

The legislation or collective agreement may specify a minimum and/or maximum number of members usually dependent on the number of workers at the site. Too few workers may mean that all segments of the work force are not represented, while too many members may make the committee hard to manage, resulting in more debate and less action. In deciding the ideal committee size, consider:

total number of workers number of different trades or unions involved complexity of the operation degree of hazard in work whether all segments of work force are represented (management,

supervisors, male workers, female workers, office staff) whether the committee encompasses adequate knowledge of conditions,

processes, practices.

Are members trained or certified in health and safety?

Members should be adequately trained in health and safety in order for them to contribute fully to all committee activities. In some jurisdictions, safety training or certification is required by law for employer and worker members. Items in such training should include:

committee responsibilities/authority occupational health and safety law principles of accident causation hazard recognition job safety analysis industrial hygiene methods of raising safety awareness inspections accident investigation effective oral communication

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Health and Safety Committee: Training Requirements

Jurisdiction Health and Safety Committee Training

Requirement

Reference to OHS

Legislation

Canada,

Federal

"ensure that members of policy and work place

committees and health and safety

representatives receive the prescribed

training."

Canada Labour Code,

Part II (R.S.C. 1985,

c. L-Z) Section 125

(z.01)

British

Columbia

"Each member of a joint committee is entitled

to an annual educational leave totalling 8

hours, or a longer period if prescribed by

regulation, for the purposes of attending

occupational health and safety training courses

conducted by or with the approval of the

Board."

Workers

Compensation Act

(R.S.B.C. 1996, c.

492) Section 135 (1)

Alberta " establish and maintain educational programs

regarding the health and safety of workers at

or on the work site, and carry out those duties

and functions provided for by the adopted

code."

Occupational Health

And Safety Act

(R.S.A. 2000, c. 0-2)

Section 31 (l) (c), (d)

Saskatchewan ".. an employer shall ensure that the

representative receives training respecting the

duties and functions of a representative. "

" .. an employer or contractor shall ensure that

the co-chairpersons of the committee receive

training respecting the duties and functions of

a committee"

Occupational Health

and Safety

Regulations, 1996

(R.R.S., c. O-1, r. 1)

Section 46 (1, 2)

Manitoba "every employer, ... shall allow each member

of the committee, the safety and health

representative, or their respective designates,

to take educational leave each year for the

number of hours the worker normally works

during two normal working days... "

Workplace Safety

And Health Act

(R.S.M. 1987, c.

W210) Section 44 (1)

Ontario "Unless otherwise prescribed, a constructor or

employer shall ensure that at least one

member of the committee representing the

constructor or employer and at least one

member representing workers are certified

members."

Occupational Health

And Safety Act

(R.S.O. 1990, c.0.1)

Section 9 (12)

Quebec "to participate in training programmes of such Act respecting

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content and duration as are approved by the

Commission. Registration, travel and

accommodation expenses are borne by the

Commission, in accordance with the

regulations"

occupational health

And safety (R.S.Q., c.

S-2.1) Section 91

New Brunswick "The employer at a place of employment, in

consultation with members of the committee at

the place of employment, shall grant to the

committee members the necessary leave to be

trained in the duties and responsibilities of a

committee member."

Occupational Health

And Safety Act

(A.N.B. 1983,

c.0-0.2) Section 14

(11)

Nova Scotia "An employee who is a member of a committee

is entitled to such time off from work as is

necessary to attend meetings of the

committee, to take any training prescribed by

the regulations and to carry out the employee's

functions as a member of the committee, and

such time off is deemed to be work time for

which the employee shall be paid by the

employer at the applicable rate."

Occupational Health

And Safety Act

(S.N.S. 1996, c.7)

Section 30 (6)

Prince Edward

Island

"A worker who is a member of a committee is

entitled to take the necessary time off from

work to attend meetings of the committee, to

take training prescribed by the regulations and

to carry out the worker's functions as a

member of the committee".

Occupational Health

and Safety Act

(S.P.E.I. 2004, c.42)

Section 25 (10)

Newfoundland

and Labrador

"Where 50 or more workers are employed at a

workplace, the employer shall provide and pay

for training for the members of the

occupational health and safety committee at

the workplace."

Occupational Health

and Safety Act

(R.S.N.L. 1990, c.

O-3) Section 38.1 (1,

2)

Yukon "Where 10 to 49 workers are employed at a

workplace, the employer shall provide and pay

for training for the co-chairpersons of the

occupational health and safety committee at

the workplace."

Occupational Health

And Safety Act

(R.S.Y. 2002, c. 159)

Section 14

Northwest

Territories

"The employer shall orientate joint health and

safety committee co-chairs and health and

safety representatives to their functions and

duties within 90 days of their selection and

shall permit them to participate in a training

Safety Act

(R.S.N.W.T. 1988, c.

S-1) Section 21 (a)

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course offered or designated by the director as

soon as such a course is available to them after

their selection. Time spent by the employees in

the orientation and the course shall be deemed

to be regular working hours."

Nunavut "The Board (Workers' Compensation Board)

may: (a) develop and promote safety

education programs..."

"The Board (Workers' Compensation Board)

may: (a) develop and promote safety

education programs...?"

Safety Act

(R.S.N.W.T. 1988, c.

S-1) Section 21 (a, b)

Do members have to have relevant work experience and/or training?

Priority might be given to workers with varied work backgrounds and to those involved in the hazardous and complex operations. Workers with long service in the industry will usually have greater appreciation of the overall work carried out and its associated safety problems, and they should therefore be able to contribute more to health and safety committee activities. On the other hand, selection of individuals who have developed bad work habits and tendency to resist change might be avoided.

The joint health and safety committee members may be required to conduct regular inspections of the workplace. People who have undertaken special safety training are particularly qualified (i.e. "certified") to recognize workplace hazards.

Staff with safety-related duties, such as the fire marshal, plant nurse, or industrial hygienist might serve as resource people to help with matters specific to their expertise.

How long does one person serve on the JHSC?

In some Canadian jurisdictions, the "term of office" is specified. Where it is not specified, the term of office should be specified in the terms of reference for your committee. The term of office should strike a balance between a short term where a large number of people are introduced to the JHSC and safety and too long when enthusiasm may fade. No matter how long the term is, a staggered rotation is suggested so that new members come in while others continue such that no more than one half of the committee is "new" at any given time.

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Jurisdiction Requirement

Canada Labour Code Part II (14) Subject to subsections 134.1(7) and 135(10)

and any regulations made under subsection

135.2(1), a committee shall establish its own

rules of procedure in respect of the terms of

office, not exceeding two years, of its members

and the time, place and frequency of regular

meetings of the committee and may establish any

rules of procedure for its operation that it

considers advisable.

Section 135.2 Regulations135.2 (1) The Governor

in Council may make regulations

(a) specifying the qualifications and terms of

office of members of a committee;

(b) specifying the time and place of regular

meetings of a committee;

(c) specifying the method of selecting employee

members of a committee if employees are not

represented by a trade union;

(d) specifying the method of selecting the

chairpersons of a committee and their terms of

office;

Section 136 Appointment of health and safety

representative

136. (1) Every employer shall, for each work

place controlled by the employer at which fewer

than twenty employees are normally employed or

for which an employer is not required to establish

a work place committee, appoint the person

selected in accordance with subsection (2) as the

health and safety representative for that work

place.

(11) The Governor in Council may make

regulations specifying (a) the qualifications and

term of office of a health and safety

representative;

Alberta

Occupational Health and Safety

198. (1) Members of a joint work site health and

safety committee hold office for a term of not less

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Code than 1 year and may continue to hold office until

their successors are elected or appointed.

(2) Members of a joint work site health and safety

committee may be reelected or re-appointed for

further terms.

BC

Workers Compensation Act

131. (1) Subject to this Part and the regulations, a

joint committee must establish its own rules of

procedure, including rules respecting how it is to

perform its duties and functions.

Manitoba

Code of Practice for Workplace

Safety and Health Committees: A

Guide to Organization, Functions

and Procedures

Part III Formation of Safety & Health Committees

Section 7 Term of Office

The term of office of Committee members shall

normally be one year. Members are eligible for

re-election. Vacancies shall be filled in accordance

with section 6. Each member shall hold office until

his successor is selected.

Newfoundland and Labrador

Occupational Health and Safety Act

No specific reference to length of office/renewal of

term

New Brunswick No specific reference to length of office/renewal of

term

Northwest Territories No specific reference to length of office/renewal of

term

Nova Scotia

Occupational Health and Safety Act

(7) A committee shall establish its own rules of

procedure and shall adhere to the applicable

regulations.

(9) The rules of procedure established pursuant to

subsection (7) shall include an annual

determination of the method of selecting the

person or persons who shall

(a) chair the committee; and

(b) hold the position of chair for the coming year.

(10) Where agreement is not reached on

(a) the size of the committee;

(b) the designation of employees to be members;

or

(c) rules of procedure,

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Nunavut No specific reference to length of office/renewal of

term

Ontario

Guide for Joint Health and Safety

Committees (JHSCs) and

Representatives in the Workplace

A term of at least one year is recommended.

Where there is more than one worker member

and one employer member, terms should be

staggered to allow continuity. Vacancies should

be filled as quickly as possible.

PEI

Occupational Health and Safety Act

Section 25 Joint occupational health and safety

committee(12) A committee shall establish its

own rules of procedure.

Quebec

Act Respecting Occupational Health

and Safety

Section 29

29. The workers' and employer's representatives

on a committee shall perform their duties as long

the employer, the certified association or the

group of workers not represented by the certified

association that appointed them remains

authorized to do so and as long as they have not

been replaced by the latter.

SaskatchewanOccupational Health

and Safety Regulations

39. (1) An employer or contractor who is required

to establish a committee shall:

(a) in designating the members:

(i) select persons to represent the employer or

contractor on the committee; and

(ii) ensure that there is a sufficient number of

members representing workers on the committee

to equitably represent groups of workers who

have substantially different occupational health

and safety concerns; and

(b) designate members for a term not exceeding

three years.

(2) Members of a committee hold office until a

successor is designated, and may be

re-designated for a second or subsequent term.

Yukon No specific reference to length of office/renewal of

term

What is the safety coordinator's role with the JHSC?

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The functions of the safety coordinator and the health and safety committee are closely intertwined, and their relationship must be clearly defined to prevent misunderstanding and conflict. It would seem logical that the safety coordinator should attend every committee meeting, but his/her role at these meetings may be that of resource person, advisor, or guest. Whatever that role is, the committee should not be controlled (or seen as controlled) by the safety coordinator.

Can there be more than one committee at a workplace?

Depending on the number of workers, complexity of operations, or different locations, it may be appropriate to have more than one committee. In very large organizations, a tiered system of committees with a hierarchical reporting arrangement may be in place. The Policy Health and Safety Committee in the Federal jurisdiction plays this role. This structure has the advantage of assuring full representation without too many members on a single committee.

Are members compensated for time spent on health and safety committee activities?

A committee member is entitled to take time off from his/her regular work duties in order to carry out committee related responsibilities. In some jurisdictions, this is a legislated right and includes time allocation to prepare for the meeting, the meeting itself, and any related activities (such as workplace inspections). With shiftwork, this provision is especially important to ensure full attendance at meetings and that all committee tasks are carried out.

Can the employer take discriminatory action against a committee member?

Reprisals against a health and safety committee member is against the law. An employer, any person acting on behalf of the employer, or any union cannot take discriminatory action against any worker because that person participates in the functions of the committee.

Is there a need to post and maintain records/documents of the meetings?

Minutes of all health and safety committee meetings are required. Some jurisdictions may require the use of specific forms. Some may require that the minutes be forwarded directly to the jurisdiction while others state the records must be made available when a government official requests them. Regardless, keeping a good record of the activities and discussions of the joint health and safety

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committee is necessary to help ensure that each concern and resolution is documented.

Minutes of meetings are generally circulated to all committee members after approval by both health and safety committee co-chairpersons. One copy should be posted in a prominent place in the workplace and the original kept with the records of the committee. It is recommended that the minutes be circulated to committee members and posted within a week from the meeting.

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OH&S Legislation in Canada Introduction What occupational health and safety agency covers my workplace?

There are fourteen jurisdictions in Canada - one federal, ten provincial and three territorial each having its own occupational health and safety legislation. For most people in Canada, the agency that you would contact is the provincial or territorial agency in the area where you work. There are some exceptions to this. Federal legislation covers employees of the federal government and Crown agencies and corporations across Canada.

Where can I find out about my duties in Canadian legislation?

Occupational health and safety (OH&S) legislation in Canada outlines the general rights and responsibilities of the employer, the supervisor and the worker. Each of the ten provinces, three territories and the federal government has its own OH&S legislation.

There is special "right-to-know" legislation that applies to hazardous products. It actually comprises several pieces of legislation collectively called WHMIS - the Workplace Hazardous Materials Information System. It is a comprehensive plan for providing information on hazardous materials intended for use in workplaces. WHMIS applies in all Canadian workplaces which are covered by occupational health and safety legislation and where WHMIS-controlled products are used.

Who is covered under the jurisdiction of the federal government in Canada?

The federal health and safety legislation is commonly referred to as Canada Labour Code Part II and regulations. The Canada Labour Code also applies to employees of companies or sectors that operate across provincial or international borders. These businesses include:

airports; banks; canals; exploration and development of petroleum on lands subject to federal

jurisdiction; ferries, tunnels and bridges;

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grain elevators licensed by the Canadian Grain Commission, and certain feed mills and feed warehouses, flour mills and grain seed cleaning plants;

highway transport; pipelines; radio and television broadcasting and cable systems; railways; shipping and shipping services; and telephone and telegraph systems.

Approximately 10% of the Canadian workforce falls under the OH&S jurisdiction of the federal government. The remaining 90% of Canadian workers fall under the legislation of the province or territory where they work.

Who is covered by provincial and territorial jurisdictions?

In each province or territory, there is an act (typically called the Occupational Health and Safety Act or something similar) which applies to most workplaces in that region. The Act usually applies to all workplaces except private homes where work is done by the owner, occupant, or servants. Generally, it does not apply to farming operations unless made to do so by a specific regulation. The legislation should be consulted to find out who is or is not covered.

At the provincial and territorial level, the name of the government department responsible for OH&S varies with each jurisdiction. Usually it is called a ministry or department of labour. In some jurisdictions, it is a workers' compensation board or commission that has the responsibility for occupational health and safety. Each provincial or territorial department is responsible for the administration and enforcement of its occupational health and safety act and regulations.

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OH&S Legislation in Canada - Internal Responsibility System What is the Internal Responsibility System?

The internal responsibility system puts in place an employee-employer partnership in ensuring safe and disease free workplace. A health and safety committee is a joint forum for employers and employees working together to improve workplace health and safety.

How does the Internal Responsibility System work?

The internal responsibility system is the underlying philosophy of the occupational health and safety legislation in all Canadian jurisdictions. Its foundation is that everyone in the workplace - both employees and employers - is responsible for his or her own safety and for the safety of co-workers. Acts and regulations do not always impose or prescribe the specific steps to take for compliance. Instead, it holds employers responsible for determining such steps to ensure health and safety of all employees.

Internal responsibility system does the following:

Establishes responsibility sharing systems Promotes safety culture Promotes best practice Helps develop self reliance Ensures compliance

Please see the OSH Answers document "OH&S Legislation in Canada - Basic Responsibilities" for more information.

These general provisions give employers the "freedom" to carry out measures and control procedures that are appropriate for their individual workplaces. On the other hand, the challenge for the employers is to know when they have fulfilled all appropriate regulatory requirements. More information about this "challenge" is in the "Due Diligence" OSH Answers document.

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OH&S Legislation in Canada - Basic Responsibilities Are there any similarities in OH&S legislation across Canada?

Many basic elements (e.g., rights and responsibilities of workers, responsibilities of employers, supervisors, etc.) are similar in all the jurisdictions across Canada. However, the details of the OH&S legislation and how the laws are enforced vary from one jurisdiction to another. In addition, provisions in the regulations may be "mandatory", "discretionary" or "as directed by the Minister".

What are general responsibilities of governments?

General responsibilities of governments for occupational health and safety include:

enforcement of occupational health and safety legislation workplace inspections dissemination of information promotion of training, education and research resolution of OH&S disputes.

What are the employees rights and responsibilities?

Employees responsibilities include the following:

responsibility to work in compliance with OH&S acts and regulations responsibility to use personal protective equipment and clothing as directed

by the employer responsibility to report workplace hazards and dangers responsibility to work in a manner as required by the employer and use the

prescribed safety equipment.

Employees have the following three basic rights:

right to refuse unsafe work right to participate in the workplace health and safety activities through Joint

Health and Safety Committee (JHSC) or as a worker health and safety representative

right to know, or the right to be informed about, actual and potential dangers in the workplace

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What are the manager or supervisor's responsibilities?

As a manager or supervisor, he or she:

must ensure that workers use prescribed protective equipment devices must advise workers of potential and actual hazards must take every reasonable precaution in the circumstances for the

protection of workers.

Managers and supervisors act on behalf of the employer, and hence have the responsibility to meet the duties of the employer as specified in the Act.

What are the employer's responsibilities?

An employer must:

establish and maintain a joint health and safety committee, or cause workers to select at least one health and safety representative

take every reasonable precaution to ensure the workplace is safe train employees about any potential hazards and in how to safely use,

handle, store and dispose of hazardous substances and how to handle emergencies

supply personal protective equipment and ensure workers know how to use the equipment safely and properly

immediately report all critical injuries to the government department responsible for OH&S

appoint a competent supervisor who sets the standards for performance, and who ensures safe working conditions are always observed.

What does legislation say about forming health and safety committees?

Generally, legislation in different jurisdictions across Canada state that health and safety committees or joint health and safety committees:

must be composed of one-half management and at least one-half labour representatives

must meet regularly - some jurisdictions require committee meetings at least once every three months while others require monthly meetings

must be co-chaired by one management chairperson and worker chairperson

employee representatives are elected or selected by the workers or their union.

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More details about these committees are in the Health & Safety Committees Section on this site.

What is the role of health and safety committee?

The role of health and safety committees or joint health and safety committees include:

act as an advisory body identify hazards and obtain information about them recommend corrective actions assist in resolving work refusal cases participate in accident investigations and workplace inspections make recommendations to the management regarding actions required to

resolve health and safety concerns.

What happens when there is a refusal for unsafe work?

An employee can refuse work if he/she believes that the situation is unsafe to either himself/herself or his/her co-workers. When a worker believes that a work refusal should be initiated, then

the employee must report to his/her supervisor that he/she is refusing to work and state why he/she believes the situation is unsafe

the employee, supervisor, and a JHSC member or employee representative will investigate

the employee returns to work if the problem is resolved with mutual agreement

if the problem is not resolved, a government health and safety inspector is called

inspector investigates and gives decision in writing.

How is legislation enforced?

The legislation holds employers responsible to protect employee health and safety. Enforcement is carried out by inspectors from the government department responsible for health and safety in each jurisdiction. In some serious cases, charges may also be laid by police or crown attorneys under Section 217.1 of the Canada Criminal Code (also known as "Bill C-45"). This section imposes a legal duty on employers and those who direct work to take reasonable measures to protect employees and public safety. If this duty is "wantonly" or recklessly disregarded and

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bodily harm or death results, an organization or individual could be charged with criminal negligence.

Where can I get more information about responsibilities?

If you have specific concerns about what regulations require employers and workers to do, you should consult local authorities in your jurisdiction. This is especially true if your questions deal with the content, interpretation, compliance and enforcement of the legislation, and how it applies in your own workplace situation.

We have provided referrals in the section on OH&S agencies responsible for occupational health and safety. Local offices are usually listed in telephone directory "Blue Pages" or under separate federal and provincial government headings in other telephone directories.

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OH&S Legislation in Canada - Due Diligence What is meant by due diligence?

Due diligence is the level of judgement, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances.

Applied to occupational health and safety, due diligence means that employers shall take all reasonable precautions, under the particular circumstances, to prevent injuries or accidents in the workplace. This duty also applies to situations that are not addressed elsewhere in the occupational health and safety legislation.

To exercise due diligence, an employer must implement a plan to identify possible workplace hazards and carry out the appropriate corrective action to prevent accidents or injuries arising from these hazards.

Why does due diligence have special significance?

"Due diligence" is important as a legal defense for a person charged under occupational health and safety legislation. If charged, a defendant may be found not guilty if he or she can prove that due diligence was exercised. In other words, the defendant must be able to prove that all precautions, reasonable under the circumstances, were taken to protect the health and safety of workers.

How does an employer establish a due diligence program?

The conditions for establishing due diligence include several criteria:

The employer must have in place written OH&S policies, practices, and procedures. These policies, etc. would demonstrate and document that the employer carried out workplace safety audits, identified hazardous practices and hazardous conditions and made necessary changes to correct these conditions, and provided employees with information to enable them to work safely.

The employer must provide the appropriate training and education to the employees so that they understand and carry out their work according to the established polices, practices, and procedures.

The employer must train the supervisors to ensure they are competent persons, as defined in legislation.

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The employer must monitor the workplace and ensure that employees are following the policies, practices and procedures. Written documentation of progressive disciplining for breaches of safety rules is considered due diligence.

There are obviously many requirements for the employer but workers also have responsibilities. They have a duty to take reasonable care to ensure the safety of themselves and their coworkers - this includes following safe work practices and complying with regulations.

The employer should have an accident investigation and reporting system in place. Employees should be encouraged to report "near misses" and these should be investigated also. Incorporating information from these investigations into revised, improved policies, practices and procedures will also establish the employer is practicing due diligence.

The employer should document, in writing, all of the above steps: this will give the employer a history of how the company's occupational health and safety program has progressed over time. Second, it will provide up-to-date documentation that can be used as a defense to charges in case an accident occurs despite an employer's due diligence efforts.

All of the elements of a "due diligence program" must be in effect before any accident or injury occurs. If employers have questions about due diligence, they should seek legal advice for their jurisdiction to ensure that all appropriate due diligence requirements are in place.

Due diligence is demonstrated by your actions before an event occurs, not after.

More information on how to establish these programs is available through OSH Answers, including:

Establishing an OSH Program Emergency Planning Hazard Control Guide to Writing an OHS Policy Statement Inspection Checklists Job Hazard Analysis

What are areas to consider when reviewing due diligence?

When reviewing your due diligence program, it may help to ask yourself the following questions:

1. Can a reasonable person predict or foresee something going wrong? 2. Is there an opportunity to prevent the injury or incident? 3. Who is the responsible for preventing the incident or incident?

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What is an example of a due diligence checklist?

Yes No

Do you know and understand your safety and health responsibilities?

Do you have definite procedures in place to identify and control hazards?

Have you integrated safety into all aspects of your work?

Do you set objectives for safety and health just as you do for quality,

production, and sales?

Have you committed appropriate resources to safety and health?

Have you explained safety and health responsibilities to all employees and

made sure that they understand it?

Have employees been trained to work safely and use proper protective

equipment?

Is there a hazard reporting procedure in place that encourages employees

to report all unsafe conditions and unsafe practices to their supervisors?

Are managers, supervisors, and workers held accountable for safety and

health just as they are held accountable for quality?

Is safety a factor when acquiring new equipment or changing a process?

Do you keep records of your program activities and improvements?

Do you keep records of the training each employee has received?

Do your records show that you take disciplinary action when an employee

violates safety procedures?

Do you review your OSH program at least once a year and make

improvements as needed?