14 Jan , 2021
Due Diligence is addressed in government legislation under the Alberta Occupational Health & Safety Act and is commonly referred to as the "General Duty Clause" (L10115). The clause reads:
"Every employer shall ensure, as far as reasonably practical for them to do so, the health and safety of workers engaged in the work of that employer, and those employees not engaged in the work of that employer but present at the work site at which the work is being carried out; that the workers engaged in the work of that employer are aware of their responsibilities and duties under this Act and the regulations.
Every worker shall, while engaged in an occupation, take reasonable care to protect the health and safety of him/herself and of other workers present while he/she is working, and co-operate with his/her employer for the purpose of protecting the health & safety of him/herself, other workers engaged in the work of the employer, and other workers not engaged in the work of that employer but present at the work site at which that work is being carried out."
Due Diligence is also mentioned in the Criminal Code Bill C-45(Scetion 217.1) which states :
The bill established new legal duties for workplace health and safety and imposes serious penalties for violations that result in injuries or death. It also establishes rules for attributing criminal liability to organizations, including corporations, for the acts of their representatives and creates a legal duty for all persons directing work to take "reasonable steps" to ensure the safety of workers and the public.
"2.17.1 Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
The conditions for establishing due diligence include several criteria:
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.
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