DUE DILIGENCE CHECKLIST Page 1 of 2
What is the standard of due diligence?
Taking all reasonable care to protect the well-being of
employees or co-workers.
What is the defense of due diligence?
All reasonable precautions to comply were taken in
What is the test of due diligence?
Documentation of an effective OH&S program; an effective OH&S program includes:
þ A written OHS program that has been implemented.
þ An employer who takes steps to control or eliminate specific hazards.
þ Written safe work procedures that are understood and followed by workers.
þ Workers who are provided with adequate instruction, training, supervision and discipline to work safely.
How can this checklist help?
The following checklist is intended to help employers determine if they have sufficient documentation of an effective
OH&S program. Other due diligence factors to consider include health and safety performance in the workplace, the
employer’s history of compliance with the Workers Compensation Act and OH&S Regulation, the degree of hazard
associated with violations, etc. This checklist is only a guideline.
Part 1: Does the employer keep the following types of records or documents?
r Worker orientation records r Records of worker/supervisor training showing the date, names
of attendees and topics covered (e.g. Lockout, WHMIS)
r Inspection reports and records of corrective actions taken
to solve problems
r Incident/accident investigation reports and records of
corrective actions taken to solve problems
r Records of meetings and crew talks where safety issues
r Supervisor’s notes and logs of safety contacts with workers
r Records showing use of progressive discipline to enforce
safety rules and written safe work procedures
r Joint OH&S Committee meeting reports showing steps taken
to address health and safety issues
r Subcontractor pre-qualification documents r Equipment log books and maintenance records
r First aid records, medical certificates, hearing tests r Forms and checklists showing the employer requires workers
to follow safe work procedures (e.g. confined space entry
r Sampling and monitoring records of exposures to harmful
r Emergency response plan and record of drills and any resulting
r OH&S related budget items and purchase orders r Statistics on the frequency and severity of accidents
Part 2: Do the employer’s records or documents show an effective OH&S Program?
Do records/documents indicate that the employer/management:
1. State and communicate a clear workplace OH&S policy r Yes r No
2. Assign responsibility and resources for implementing OSH Program to identified person(s) r
Yes r No
8. Implement appropriate controls (engineering, work practice/administrative, PPE) for identified
hazards (e.g. machine guarding, lockout, bloodborne pathogens, confined space, falls from
elevation, chemical hazards, repetitive strain injury, etc.)
r Yes r No
9. Implement a preventative maintenance schedule as required by manufacturers’ and industry
recommendations and standards
r Yes r No
10. Address Joint Health & Safety Committee or health & safety representative recommendations
r Yes r No
11. Review OH&S Program activities (e.g. once a year) and make improvements as needed r Yes r No