oh&s risk management: due diligence in the workplace
DESCRIPTION
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 businessTRANSCRIPT
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OH&S Risk Management: Due Diligence in the Workplace
October 25, 2012
Presented by: Kathleen Collins, Health and Safety Manager at Drake International
For audio, it is recommended you dial inA copy of the slides + recording will be available post webinar
AUDIO: 1-877-668-4493Access Code: 663 876 254
Event password: 1234WebEx Support: 1-866-863-3910
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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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ORGANIZATIONS
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Organizations
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People
Equipment
MaterialsEnvironment
Process
What is the function of an organization?
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RISK MANAGEMENT PRACTICES
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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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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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RISK MANAGEMENT SKILLS
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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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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
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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
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APPLYING LEGISLATION
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Applying Legislation
Legislation governs business practices and has been developed on the principles of an Internal Responsibility
System
What does this mean?
Employer
SupervisorWorker
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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
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DUE DILIGENCE
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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**
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Due Diligence
Due Diligence will also measure:
• Standard of Care
• Duty of Care
• Reasonable Precautions
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OFFENCES
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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
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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
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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
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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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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
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DEFENSE
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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
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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
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PROACTIVE NOT REACTIVE
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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)
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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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Upcoming Webinars
Register at http://drake-webinars.com
November 1, 12pm EDT
Performance Management
November 15, 12pm EDT
Workplace Wellness
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Thank You for Attending For Questions please contact Kathleen Collins
416-216-1088
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