What is Due Diligence

Workplace Safety and YOU

(A brief overview of Rights and Responsibilities)

Presented to UVic – ECE (Dr. T. Lu, Professor)

By Denise K. Peters

Employers’ Advisers Office

Compensation Advisory Services,

Ministry of Labour

 2012 Employers ’ Advisers Office. All rights reserved. The Employers’ Advisers

Office encourages the copying, reproduction and distribution for Employer or

Employee use of this document. However, no part of this document may be copied, reproduced, or distributed for profit or other commercial enterprise, nor may any part be incorporated into any other publication, without written permission of the Provincial Government of British Columbia.


• Introduction to EAO, WAO & WSBC

• General Responsibilities under the Act &


• Part 3.22 - New and Young Worker

• Part 10 – De-Engerization and Lockout

• Part 19 – Electrical Safety

• Resources

The Employers’ Advisers Office

• What is the EAO mandate?

• How can we help?

• What do we cost?

• How do you contact us?

• How do you contact the WAO?

Safety As An Issue

• Legal Responsibility

• Moral Responsibility

…to reduce the costs of workplace accidents

Provincial Statistics

In British Columbia in 2011

• 142 fatalities (2.73 workers killed per week)

• 51,053 accepted health care claims

• 47,974 accepted short-term disability claims

• 4,771 accepted long-term disability claims

(Source: WorkSafeBC)

Provincial Statistics

Young Workers Quick Facts (15-24 years old)

On average, between 2005 and 2009:

• 28 young workers were injured every day in B.C.

• 41 young workers sustained serious, life-altering injuries each week

• Young worker injuries accounted for 1.2 million days lost and $283 million in claim costs

• Accidents/Injuries typically occur within first 6 months on the job (- 20% within first month on the job)

• Males account for 3 out of 4 young worker claims or chance of injury: 1 out every 21 young male workers

(Source: WorkSafeBC)

Who is Responsible for Safety in

the Workplace? (Group Exercise)


• WorkSafeBC is the governing body for OH&S

• All workers unless under other jurisdictions

• Mandate – Section 111 of the Act

• Officers- enforce and educate (Act, Regulations,


Responsibilities under the Act

• Employers (s.115)

• Owners (s.119)

• Workers (s.116)

• Suppliers (s.120)

• Supervisors (s.117)

• Directors & officers of corporations (s.121)

• Prime Contractors (s.118)

Worker’s Rights and Responsibilities

• Take every reasonable precaution to protect self AND those persons who may be affected by your actions or omissions

• Comply with Act and Regulations

• Follow safe work procedures, wear PPE, no horseplay

• Ensure ability to work is not “impaired”

• Report to supervisor/employer contraventions of above

• Cooperate with JOHSC (Wr Rep) and Board


• “Supervisor”

– A person who instructs, directs, and controls workers in the performance of their duties

• WorkSafeBC OH&S Regulations

What is Due Diligence

Taking every reasonable care in the circumstances to protect the health and safety of the worker

Due Diligence Is NOT:

• Ignorance of the law

• Believing the law does not apply

• Economic considerations

• Relying on workers past training and experience

• “I don’t have time to baby-sit”

• “He/she should have known”

• Existence of an elaborate set of safety rules and procedures

Due Diligence is NOT:

Due Diligence is NOT:

Due Diligence is NOT:

The Cornerstones of Due Diligence and Knowing

Rights and Responsibilities

Information Instruction

Training Supervision

In your workplace you need to:

Ask which tasks have safe work procedures that workers must follow

Ask to be trained in safe work procedures

Ask if a written safe work procedure is available

(where is it and get a copy)

Ask who is my supervisor?

Indirect Responsibilities

• OH&S Committee

• Safety Coordinator

• Human Resources

• Labour Unions

• WorkSafeBC

• Other Jurisdictions

• Some may have regulatory power

The Rights and Responsibilities Program

- Online, self paced, interactive, curriculum-based;

- Builds on Student WorkSafe Planning 10 – elective program offered in Grade 11 and 12.

- Has supplemental video – The Supervisor

* Warning: Many videos contain graphic scenes and profanity. Viewer discretion is advised.

Some Rights and Responsibilities under the


• Part 3.12 – Right to Refuse

• Part 3.22 - New and Young Worker (includes accident reporting)

• Part 10 – De-Engerization and Lockout

• Part 19 – Electrical Safety

Other Responsibilities under the Regulations


• Impairment by alcohol, drug or other substance

(s. 4.20)

• Improper Activity or Behaviour (s. 4.24)

• Prohibition Improper Conduct (s. 4.25)

• Investigation of Improper Conduct (s. 4.26)

Accident Reporting, Investigation & Inspection

• Immediate notice of certain accidents (s. 172)

• Incidents that must be investigated (s. 173)

• Investigation process (s. 174)

• Improve effectiveness of OSH program (r. 3.3)

Prevention - Enforcement

Board officers also:

• Issue a warning letter

• Apply an administrative penalty

• Charge claims cost

• Recommend Prosecution

Defense of Due Diligence

– A person is not guilty of an offence if the person proves that the person exercised due diligence to prevent the commission of the offence

– A worker is not guilty of an offence if the worker proves that the offence was committed

• as a result of instructions given by employer or supervisor

• despite the worker’s objection

– Evidence of precautions taken to prevent particular occurrence is also required

Questions to Ask Yourself

• Do you know your rights and responsibilities?

• Are there systems in place to identify & control hazards?

• Has safety been integrated into all aspects of your work?

• Do you know your JOHSC (or Wr) representatives?

More Questions (cont’d)

• What are your assigned/specific health and safety responsibilities?

• Have you had training in these responsibilities ?

• How will you be held accountable for health and safety responsibilities?


• Due Diligence is the most common defense used for penalties

• Due Diligence is something you do before, during and after there is an incident

• Due Diligence is an ongoing process that requires attention to detail and documentation


Workers Compensation Act (Revised)

Occupational Health & Safety Regulation available for purchase from:

Crown Publications (250) 386-4636 or http://www.crownpub.bc.ca

Prevention Manual

Regulation Guidelines available for purchase from:

Aramark 1-866-319-9704 email customer.service@worksafebcstore.com


http://www.labour.gov.bc.ca/eao or /wao

Thank You For Attending