Due Diligence

Physical Plant A CORTM Certified Workplace

Brian WestbrookInstructor

Workshop #000066 July 2009

Due Diligence

Physical Plant A CORTM Certified Workplace

CAUTION: To complete this workshop, you willneed to refer to the Handout available throughReception Fort Garry Campus.

Competency Check

Physical Plant A CORTM Certified Workplace

Contact the Training and Safety Coordinator(474-7460) to write the Competency Checkafter completing this online workshop.

References

Physical Plant A CORTM Certified Workplace

#WS&H Act and Regulation (Sections &Parts)

#Supervisory “Due Diligence” EHSO

#Workplace Safety & Health ProgramCommittee Manual, “The InternalResponsibility System.”

Objective

To offer you the information needed to be competentin your understanding of “due diligence.”

The information provided is general in nature, andhighlights some of the important issues related toemployer, supervisor and worker responsibilities.

Physical Plant A CORTM Certified Workplace

Workshop content

Physical Plant A CORTM Certified Workplace

#Objective

#What is “due diligence?”

#Something to think about...

#WSH Act & Regulation (Sections & Parts)

# Internal Responsibility System

Workshop content

Physical Plant A CORTM Certified Workplace

#Responsibilities

#You have not been diligent if

#Establishing “due diligence”

#Competency Check

What is Due Diligence?

Physical Plant A CORTM Certified Workplace

What is Due Diligence?

Physical Plant A CORTM Certified Workplace

“...due diligence is a measure of care, activity,or exercising great care and attention, as isproperly to be expected from, and ordinarilyexercised by, a reasonable and caring personunder the particular circumstances.

“It is not measured by any absolute standardbut depends on the relative facts.”

What is Due Diligence?

Physical Plant A CORTM Certified Workplace

In other words, “due diligence” is doing what isreasonably practicable by a reasonable personunder a given circumstance.

Something to think about....

Physical Plant A CORTM Certified Workplace

You have been advised that there has been anincident in the area that you have just beenworking in. One of your coworkers was hurtand sent to hospital in an ambulance.

The incident is classified as ‘serious.’

Something to think about....

Physical Plant A CORTM Certified Workplace

The Physical Plant “Incident and Near Miss”Safe Job Procedure states that since it isclassified as a Serious Incident, the WorkplaceSafety and Health Division, Department ofLabour will be investigating.

Something to think about....

Physical Plant A CORTM Certified Workplace

You were just in the same area.

In all likelihood you will be interviewed.

Are you prepared to deal with the authoritieswhen they interview you?

Something to think about....

Physical Plant A CORTM Certified Workplace

Do you know your responsibilities?

Something to think about....

Physical Plant A CORTM Certified Workplace

Will you be confident in your ability to showthat you have done your best to be diligent inproviding a safe and healthy workplace?

WSH Act & Regulation...

Objective and Purpose

Physical Plant A CORTM Certified Workplace

To secure workers from risks to their safety,health and welfare arising out of or inconnection with activities in their workplace.

WSH Act & Regulation...

Objective and Purpose

Physical Plant A CORTM Certified Workplace

To protect other persons from risks to theirsafety and health arising out of / in connectionwith activities in the workplace.

Internal Responsibility System

Physical Plant A CORTM Certified Workplace

Based on the concept that everyone at theworkplace; senior management, supervisors,workers, contractors and self employedpersons, all share a responsibility for thesafety and health of people at the workplace.

Internal Responsibility System

Physical Plant A CORTM Certified Workplace

Since employers have the greatest degree ofcontrol over the workplace, they also have thegreatest degree of legal responsibility.

But this does not relieve supervisors andworkers from their duty to co-operate incontrolling workplace hazards and to take thenecessary precautions to protect themselvesand others from hazards.

Internal Responsibility System

Goal

Physical Plant A CORTM Certified Workplace

The goal of an internal responsibility system isto get people working together to identify andcontrol hazards. Its ultimate objective is toensure everyone integrates safety and healthinto their work.

Responsibilities

Physical Plant A CORTM Certified Workplace

Senior management must ensure, so far asreasonably practicable, the safety, health andwelfare at work of all his workers.

Responsibilities

Physical Plant A CORTM Certified Workplace

Senior management must provide and maintaina workplace, necessary equipment, systems andtools that are safe and without risks to health, sofar as is reasonably practicable.

WS&H Act, Section 4

Responsibilities

Physical Plant A CORTM Certified Workplace

Supervisors must ensure, so far as reasonablypracticable, take all precautions necessary toprotect the safety and health of a worker underhis or her supervision.

Responsibilities

Physical Plant A CORTM Certified Workplace

Supervisors must also ensure that a workerunder his or her supervision works in a manneraccording to the Act and Regulation.

Responsibilities

Physical Plant A CORTM Certified Workplace

Supervisors: This includes using all devicesand wears all clothing and personal protectiveequipment.

And advising workers of all known or reasonablyforeseeable risks or hazards.

WS&H Act, Section 4.1

Responsibilities

Physical Plant A CORTM Certified Workplace

But this does not relieve workers from their dutyto cooperate in controlling workplace hazardsand take all necessary precautions to protectthemselves and others from hazards.

Responsibilities

Physical Plant A CORTM Certified Workplace

Workers must take reasonable care to protecthis safety and health and the safety and healthof other persons who may be affected by hisacts or omissions at work.

Responsibilities

Physical Plant A CORTM Certified Workplace

Workers at all times when the nature of his workrequires, use all devices and wear all articles ofclothing and personal protective equipmentdesignated and provided for his protection.

WS&H Act, Section 5

Responsibilities

Physical Plant A CORTM Certified Workplace

Workers: The Act recognizes that only workerswho are adequately informed and empoweredcan effectively fulfill their responsibilities.

You have not been diligent if

Physical Plant A CORTM Certified Workplace

PYou should have known about a hazard

PYou knew about a hazard, but did nothing tocorrect it, or to refer it to someone who couldcorrect it

PYou knew about a hazard, but did not adviseothers

You have not been diligent if

Physical Plant A CORTM Certified Workplace

PThere is a rule in place, but you did not followor enforce it

PYou did not inspect your personal protectiveequipment and clothing prior to use

PYou did not use personal protective clothingor equipment

You have not been diligent if

Physical Plant A CORTM Certified Workplace

PYou did not follow a Safe Work Practice orSafe Job Procedure

PYou did not cooperate with others in theworkplace to make it a safe work place

PYou did not comply with the WSH Act &Regulation...

Establishing Due Diligence

Physical Plant A CORTM Certified Workplace

You must be able to demonstrate due diligencein an objective manner by giving actual proof ofreal attempts to comply with the legislation.

Establishing Due Diligence

Physical Plant A CORTM Certified Workplace

PComply with the WSH Act & Regulation(Sections and Part)

PDo pre-job hazard assessments and controls

PUndertake inspections

PBe involved in training (Right to know)

Establishing Due Diligence

Physical Plant A CORTM Certified Workplace

PActively participate in your safety program;i.e., CORTM Champion, PPLASH, toolbox,tailgate meetings

PWear personal protective equipment andclothing when necessary

Establishing Due Diligence

Physical Plant A CORTM Certified Workplace

PUnderstand and follow < Safe Work Practices< Safe Job Procedures< Safety Rules

Establishing Due Diligence

Physical Plant A CORTM Certified Workplace

“Actual proof” will in all likelihood mean showingdocumentation.

Documentation is key to due diligence.

Remember...

To be diligent

Physical Plant A CORTM Certified Workplace

You must regularly inspect for hazards of theworkplace (including offices and shops) toidentify existing or potential hazards beforework begins. Write them down and report itimmediately.

WS&H Regulation, Part 2.4(1)(b)

Due Diligence

Physical Plant A CORTM Certified Workplace

Contact the Training and Safety Coordinator(474-7460) to write the Competency Checkafter completing this online workshop.

Competency Check

Physical Plant A CORTM Certified Workplace

1: Due Diligence 2: Due Diligence 3: Competency Check 4: References 5: Objective 6: Workshop content 7: Workshop content 8: What is Due Diligence? 9: What is Due Diligence? 10: What is Due Diligence? 11: Something to think about.... 12: Something to think about.... 13: Something to think about.... 14: Something to think about.... 15: Something to think about.... 16: WSH Act & Regulation... 17: WSH Act & Regulation... 18: Internal Responsibility System 19: Internal Responsibility System 20: Internal Responsibility System 21: Responsibilities 22: Responsibilities 23: Responsibilities 24: Responsibilities 25: Responsibilities 26: Responsibilities 27: Responsibilities 28: Responsibilities 29: Responsibilities 30: You have not been diligent if 31: You have not been diligent if 32: You have not been diligent if 33: Establishing Due Diligence 34: Establishing Due Diligence 35: Establishing Due Diligence 36: Establishing Due Diligence 37: Establishing Due Diligence 38: Remember... 39: Due Diligence 40: Competency Check