Rich Dal Bello, a former Canadian Forces army logistician, is a consultant with Ground Force Training Inc, a leading provider of training to the Association of Road Supervisors in Ontario.
In recent weeks, there's been heated debate over who is responsible for workplace incidents. This week, a new Safety First contributor, Canadian Rich Dal Bello, looks at the concept of "due diligence".
Applied to Occupational Health and Safety, due diligence (also known as due care) essentially means that employers shall take all reasonable precautions to prevent injuries or accidents in the workplace.
We're a busy company, with very limited time and resources. Can we get by with our current training system for now? In Canada and some other countries, once the government has proven beyond a reasonable doubt that a prohibited act has occurred, the burden is on the accused to avoid conviction by proving that all reasonable precautions were taken to avoid the particular accident.
Failure to provide due diligence, at all times, is considered negligence. The sooner you get started on a thorough due diligence plan, the sooner you begin to build your defense in the event of a workplace accident or injury. In law, due diligence is the only available defense to a crime that is one of strict liability.
We haven't had a workplace injury in years, so we're obviously doing our part. What more can we do? It is not enough that you take the normal standard of care in your industry - you must show that you took "every reasonable precaution". To exercise due diligence, an employer must implement, and continuously update, a plan to identify possible workplace hazards and carry out the appropriate corrective action to prevent accidents or injuries arising from those hazards. In order to do so means ensuring your first-line supervisors and the employees themselves are all aware of the requirements of the law and work together to ensure 100% compliance.
Okay, now that I understand the importance of a solid due diligence plan, where do I begin? When developing your "due diligence" plan, one of the key factors to consider is workplace training! If little or no training has been provided up to this point, then this can prove to be an overwhelming task. There should be numerous, affordable programs available that offer you the flexibility to train employees at times that suit your organisation's needs. These classroom courses, when completed, should be certificate programs that will allow you to begin your documentation process. Following the classroom course, it is recommended that you consider doing a follow-on phase with on-site, task-specific training sessions or evaluation, tailored to your needs. This reinforces the lessons learned in the classroom and also helps to identify any other potential problems that may exist with an operator. And supervisors of operators must NOT be forgotten. Even though many are not qualified operators themselves, they must be able to recognise a dangerous situation and take the necessary steps to immediately correct it. So training for these folks should also be investigated and followed-up on.
What other things should I include, or consider, when putting together a plan for my organization?- Health and safety policies, practices and procedures;
- Records of workplace audits;
- Training records of supervisors and all employees (show examples);
- Minutes of the Health and Safety Committee meetings for the past two years; and
- Your accident prevention and reporting procedures;
So, any questions?
Do not be frightened off by the law, whatever yours may be. It is important for everyone, at all levels, to know and understand what exactly is required of them in their jobs. To do so will save money as a result of:
- less lost wages;
- lower maintenance costs due to improper/incorrect operating techniques; and
- improved productivity;
Should you have any comments or questions, please feel free to leave them on our blog site at:
www.groundforcetraining.com.