Due Diligence in Occupational Health and Safety

Author: David K. Jones


This paper discusses due diligence in the occupational health and safety context as it relates to the defence of a regulatory prosecution or administrative proceedings. The paper begins with a general overview of the defence of due diligence, followed by a review of recent significant decisions from Western Canada. The purpose of the case review is to focus on how courts and administrative tribunals have applied the principles of due diligence, particularly with respect to foreseeability, that is, the types of hazards an employer is expected to foresee, and how the employer is expected to respond to those hazards. The emphasis is on what practical lessons can be learned to apply to the workplace to avoid incidents, and to defend a prosecution or to respond in administrative proceedings.

About David K. Jones

David practices civil and commercial litigation with an emphasis on maritime, occupational health and safety, and environmental law matters. David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with… view full profile »