Business owners must prove OHS due diligence by producing written workplace safety records.
When workplace safety incidents occur, government safety inspectors or legal authorities often ask employers to show that their company has done everything possible to keep workers safe. To avoid fines and other penalties, employers often must prove OHS due diligence by producing written workplace safety records. Current records documenting safety procedures, training and workplace safety checks are the best evidence to show the work done to maintain employee safety and prevent workplace accidents.
Beyond complying with health & safety laws, OHS due diligence means an employer must do what another reasonable Canadian would do under similar circumstances. It is not enough to simply create a corporate health and safety policy and have an understanding of legal OHS requirements. Employers must use common sense and operate their businesses ethically. It must be evident that keeping people safe is an active priority.
Maintaining up to date business records about safety planning and initiatives proves the business diligently monitors safety and enforces safety rules. Corporate OHS programs must include documentation of safety planning, procedures, checklists and training records. Written records show that safety activities really do occur in the workplace.
The following are examples of occupational health and safety documentation and record-keeping:
- Management & Health & Safety committee meeting minutes
- Work procedures and safety manuals
- Employee orientation & training records
- Workplace inspections, equipment maintenance log books, sampling and monitoring records, safety procedure forms & checklists (including details about corrective actions)
- Accident / Incident reports (including details about corrective actions)
- Supervisor safety related notes (inspections, training, meetings)
- Emergency response drills records
- Discipline / enforcement of safety procedures
- Statistic tracking for injury and incidents
Employers, supervisors and workers should be in the habit of making notes and completing checklists to document safety activities such as inspections, training or policy updates. Computerized or paper filing systems help by creating a place to store and retrieve documents for review. It is easiest to prove OHS due diligence when safety work is documented and available for review when necessary.
