OH&S Risk Management: Due Diligence in the Workplace
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OH&S Risk Management: Due Diligence in the Workplace

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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 ...

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

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  • Point 6What is the consequence of introducing the worker into the workplace. Point 7Involve all workplace parties and provide everybody with all the necessary information. Point 8Learn from mistakes and be proactive about corrective actions. Point 9 Re-assess risk all the time. Workplace are always changing they are never the same. Keep current with short and long term goals in house and at clients site locations.
  • The government establishes law and we (all workplace parties are responsible for self governance.)The governments departments responsible for their respective of legislation have the authority to periodically review individuals and business to establish whether or not self-governance of their respective legislation is being maintain by the individual or business. To determine non-compliance and apply sections for offences. An accident/incidents occur as a result of one of the parties not able to navigate the people, equipment, material, environment, or process effectively.
  • How can demonstrated risk management skills soften the blow of some of the nasty things mentioned? If an unfortunate situation arose where an employee was fatally injured at a client site and you are having to defend yourself as the result of receiving a individual fine of 75,000, what evidence are you going to want to submit as your defense?
  • If a worker gets injured who is responsible for the injury? What are some of the activities you are currently doing in your Branch to demonstrate due diligence? In groups.

OH&S Risk Management: Due Diligence in the Workplace OH&S Risk Management: Due Diligence in the Workplace Presentation Transcript

  • 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: 1-866-863-3910OH&S Risk Management: Due Diligence in the Workplace October 25, 2012Presented by: Kathleen Collins, Health and Safety Manager at Drake International
  • Agenda• Organizations• Risk Management Practices• Risk Management Skills• Applying Legislation• Due Diligence• Offences• Defense• Be Proactive• Case Study• Year in Review 2
  • ORGANIZATIONS 3
  • OrganizationsWhat is the function of an organization? People Process Equipment Environment Materials 4
  • RISK MANAGEMENTPRACTICES 5
  • Risk Management PracticesThe basic definition of Risk Management Practices canbe defined as follows: 1. Identification 2. Assessment 3. And prioritization of risk 6
  • 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” 7
  • RISK MANAGEMENTSKILLS 8
  • 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 9
  • Risk Management SkillsContinued 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
  • Risk Management SkillsBenefits 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
  • APPLYING LEGISLATION
  • Applying LegislationLegislation governs business practices and has been developed on the principles of an Internal Responsibility System What does this mean? Employer Worker Supervisor
  • Applying LegislationWhat happens to an business or an individual are at fault for notbeing able to demonstrate self-governance of the InternalResponsibility 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
  • DUE DILIGENCE
  • 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**
  • Due DiligenceDue Diligence will also measure:• Standard of Care• Duty of Care• Reasonable Precautions
  • OFFENCES
  • OffencesThere are different types of liability offences the business orindividual can be subject to if a contravention of the legislation isfound:• Strict Liability Offences• Absolute Liability Offences• Regulatory Offences
  • Offences Strict Liability Offences Law SuitsApplication (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
  • OffencesThings you should know about “Absolute LiabilityOffences”:• Referring to criminal law• Where it is not open to the accused to exculpate individual/business by demonstrating the business is fault free
  • OffencesThe courts must determine the following:• Overall regulatory pattern• Subject matter of legislation• Importance of penalty• Precision of the language 22
  • OffencesThings 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
  • DEFENSE
  • DefenseAn organization defends its actions when the law orloss is applied. Therefore you need to be able toproduce material as a defense:• Investigations• Witness Statements• Reviews/Audits/Inspections• Industry Best Practices• Standards, Polices, Procedures.• Journals, Logs, Entries• Terms and Conditions• Contracts
  • DefensesDue DiligenceThe 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
  • PROACTIVE NOT REACTIVE
  • 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)
  • 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” 29
  • Upcoming WebinarsRegister at http://drake-webinars.comNovember 1, 12pm EDTPerformance ManagementNovember 15, 12pm EDTWorkplace Wellness 30
  • HEALTH AND SAFETY Q & AFor additional questions please email:Kathleen: kcollins@na.drakeintl.com 31
  • Thank You for AttendingFor Questions please contact Kathleen Collins kcollins@na.drakeintl.com 416-216-1088 32