Due Diligence, you have likely heard this term before but do you really know what this means and how it applies to you and your business? It is commonplace for business leaders and Senior Managers to ignore how a Health & Safety System plays a significant role in demonstrating due diligence. OH&S Risk Management: Due Diligence in the Workplace, is part 7 of our OH&S webinar series and will be one of the most critical presentations Kathleen has given on risk management and reduction as it relates to OH&S in the workplace. This webinar will cover the critical components of demonstrating due diligence in the workplace and provide attendees an in-depth look as to how you can reduce your organizational risk with a Health & Safety Program. Kathleen will provide valuable insights on how you can reduce your legal costs associated with a Workplace Injury/Incident or Accident. In this session you will learn: -What is due diligence -How due diligence evolves from legislation -Defense documentation -Tips for reducing legal fees -How a Health and Safety Management System demonstrates due diligence in your business

1. For audio, it is recommended you dial in
A copy of the slides + recording will be available post webinar
AUDIO: 1-877-668-4493
Access Code: 663 876 254
Event password: 1234
WebEx Support: 1-866-863-3910
OH&S Risk Management: Due Diligence in the
Workplace
October 25, 2012
Presented by: Kathleen Collins, Health and Safety Manager at
Drake International

2. Agenda
• Organizations
• Risk Management Practices
• Risk Management Skills
• Applying Legislation
• Due Diligence
• Offences
• Defense
• Be Proactive
• Case Study
• Year in Review
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3. ORGANIZATIONS
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4. Organizations
What is the function of an organization?
People
Process Equipment
Environment Materials
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5. RISK MANAGEMENT
PRACTICES
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6. Risk Management Practices
The basic definition of Risk Management Practices can
be defined as follows:
1. Identification
2. Assessment
3. And prioritization of risk
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7. Risk Management Practices
• Risk creates uncertain effects on goals and objectives,
whether they are positive or negative
• When establishing goals and objectives have you
considered “positive and negative uncertain effects”
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8. RISK MANAGEMENT
SKILLS
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9. Risk Management Skills
• Some of the Management skills required to manage
Risk activity are as follows:
• Create Value-Resources (The Gain Should Exceed the Pain)
• Be an integral part of the organizational process
• At minimum uphold your duties and maintain active participation
within your roles and responsibilities
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10. Risk Management Skills
Continued from Previous Slide:
• Take into account the human factor
• Be transparent and inclusive
• Be dynamic, iterative (repeat and review the facts/data)
and be responsive to change
• By capable of continual improvement and enhancement
• Be continually or periodically re-assessed

11. Risk Management Skills
Benefits to Risk Management Skills Include:
• Understanding of goals and objectives
• Developing a method for prevention of reoccurrence
• Helps with forecasting consequences both negative and positive
• Help with forecasting costs associated with any given object
• Increase your knowledge as it relates to Health & Safety
• Demonstrates due diligence

12. APPLYING LEGISLATION

13. Applying Legislation
Legislation governs business practices and has been developed on the
principles of an Internal Responsibility System
What does this mean?
Employer
Worker Supervisor

14. Applying Legislation
What happens to an business or an individual are at fault for not
being able to demonstrate self-governance of the Internal
Responsibility System associated with the legislation?
• Up to $500,000 fine(s) to corporation
• Up to $75,000 fine(s) to the individual
• Imprisonment
• Criminal Conviction
• Use of Minimum to Maximum Insured thresholds
• Law Suits
• Bad Press

15. DUE DILIGENCE

16. Due Diligence
What is Due Diligence?
“A measurement of the level of judgment, care, prudence,
determination, and activity that a person would reasonably be
expected to do under particular circumstances.”
**Important Note: This encompasses activities prior to
an occurrence and activities post occurrence**

17. Due Diligence
Due Diligence will also measure:
• Standard of Care
• Duty of Care
• Reasonable Precautions

18. OFFENCES

19. Offences
There are different types of liability offences the business or
individual can be subject to if a contravention of the legislation is
found:
• Strict Liability Offences
• Absolute Liability Offences
• Regulatory Offences

20. Offences
Strict Liability Offences Law Suits
Application (Section of Law) Pleading (Section of Law
or incurred loss)
Response Pre-Trial Discovery
Mediation Trial or Judgment
Pre-Trial Appeal
Trial and Judgment Enforcement
Appeal
Enforcement

21. Offences
Things you should know about “Absolute Liability
Offences”:
• Referring to criminal law
• Where it is not open to the accused to exculpate individual/business
by demonstrating the business is fault free

22. Offences
The courts must determine the following:
• Overall regulatory pattern
• Subject matter of legislation
• Importance of penalty
• Precision of the language
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23. Offences
Things you should know about “Regulatory Offences”:
• Can be also referred to as quasi-criminal offence
• Is a class of crime in which the standard for proving culpability has
been lowered
• Mens Rea element is not required
• Such offences are used to deter potential offenders from dangerous
behaviour rather to impose punishment for a moral wrong doing

24. DEFENSE

25. Defense
An organization defends its actions when the law or
loss is applied. Therefore you need to be able to
produce material as a defense:
• Investigations
• Witness Statements
• Reviews/Audits/Inspections
• Industry Best Practices
• Standards, Polices, Procedures.
• Journals, Logs, Entries
• Terms and Conditions
• Contracts

26. Defenses
Due Diligence
The Business or Individual will have three things:
• Did the involved parties take every reasonable precaution to protect
the individual or property
• Demonstrate actions prior to an event
• Demonstrate actions after an event

27. PROACTIVE NOT REACTIVE

28. Proactive not Reactive
• Apply Risk Management Techniques Daily
• Understand completely any Term and Conditions or Terms of
Service Agreements you may sign
• Know your clients business and conduct risk management
assessments. Make sure your employees are receiving the
appropriate training (In-house or at the client site)

29. Proactive not Reactive
• Reference the operational standards and forms made
available on public folders
• Become familiar with the laws that apply to you and the
business
“Risk in business is not black and white, it is in shades
of grey so be prepared to react and develop solutions
and be able to defend your actions”
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30. Upcoming Webinars
Register at http://drake-webinars.com
November 1, 12pm EDT
Performance Management
November 15, 12pm EDT
Workplace Wellness
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31. HEALTH AND SAFETY Q & A
For additional questions please email:
Kathleen: kcollins@na.drakeintl.com
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32. Thank You for Attending
For Questions please contact Kathleen Collins
kcollins@na.drakeintl.com
416-216-1088
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