OHS Due Diligence For Workers

1. OH&S Due Diligence For The
Worker
What does it mean to you the
Worker

2. Due Diligence
 What does it mean.
 Occupational Health And Safety Act.
 How does Spark demonstrate Due Diligence.
 How does it relate to me the worker.

3. Due Diligence
Due Diligence
 Legal defense to Act charges
 Relying on another persons statement of fact is not
sufficient. There needs to be some objective proof at
a fairly high standard (Documentation)
 An effective occupational health and safety management
system.

4. Due Diligence Concepts
 Ensuring the employer has exercised reasonable care
with respect to worker health and safety.
 Proving employer was not negligent with respect to the
circumstances that caused the accident.
 Not ignoring workers’ concerns about health and safety
in the workplace.

5. Due Diligence Concepts
 Taking all reasonable care to ensure that all hazards are
identified, assessed and controlled in the workplace.
 Due diligence requires a standard of reasonableness
NOT of perfection.

6. Occupational Health and Safety
Act-Regulation-Code
 Act- sets out the framework or principles for workplace
health and safety.
 Who does what for the system to protect workers

7. Occupational Health and Safety
Act-Regulation-Code
 Regulation and Code made under the Act set out
precautionary measures and requirements to eliminate,
control and protect workers from occupational health and
safety hazards.
 How to protect workers’ health and safety.

8. Occupational Health And Safety Act
 2(1) Every employer shall ensure, as far as it is
reasonably practicable for the employer to do so,
 (a) the health and safety of
 (i) workers engaged in the work of that employer, and
 (ii) Those workers not engaged in the work of that
employer but present at the work site at which that work
is being carried out, and
 (b) that the workers engaged in the work of that employer
are aware of their responsibilities and duties under this
Act, the regulations and adopted code.

9. Occupational Health And Safety Act
 2(2) Every worker shall, while engaged in an occupation,
 (a) take reasonable care to protect the health and safety
of the worker and of other workers present while the
worker is working and,
 (b) co-operate with the worker’s employer for the
purpose of protecting the health and safety of
 (i) the worker
 (ii) other workers engaged in the work of the employer,
and
 (iii) other workers not engaged in the work of that
employer but present at the worksite at which the work is
being carried out.

10. How Does Spark Demonstrate Due Diligence
 Standard Operating
Procedures
 Lockout And Tagout
Procedures
 Job Task Observations
 Global Training
 WorkHub Training
 Safety Meetings
 Supplies Personal
Protective Equipment
 Incident Reporting
 Joint Health & Safety
Committee Meetings
 Weekly/Monthly
Inspections
 Hazard ID Cards
 FHA

11. How Does It Relate To Me The Worker
 OH&S Legal Duty
 Everyone who undertakes, or has the authority, to direct
how another person does work or performs a task is
under a legal duty to take reasonable steps to prevent
bodily harm to that person, or any other person, arising
from that work or task.

12. What Duties Do I Undertake As A Worker
 Job Task Observations
 Weekly Inspections
 Daily Inspections
 Formal Hazard
Assessments
 Safe Work Permits
 Incident Reporting
 Reviewer Of Standard
Operating Procedures
 Reviewer Of Lockout And
Tagout Procedures
 Reviewer Of Hazard And
Risk Assessments