Health And Safety In The Boardroom: 

An OH&S Due Diligence Briefing And 5 Point Due Diligence Action Plan For Senior Managers, Officers And Directors

Senior managers, officers and directors of corporations may be at risk in failing to appreciate their critical role in complying with health and safety laws. Removed from day-to-day issues relating to regulatory compliance it is easy to leave decision-making and practical implementation of due diligence to others.  Without a plan, the result can be fines, jail terms and potential Criminal Code conviction. As the individual in charge of health and safety for your organization, or a member of senior management, this focused session may be exactly what you need.

This briefing advises senior management, officers and directors on their express OH&S responsibilities, and provides an efficient, cost-effective and practical 5 point plan on how to avoid charges and meet necessary OHSA standards.       

You Will Learn: 

• What obligations officers and directors have under the OHSA
• How officer and director and supervisor obligations can overlap
• How Criminal Code provisions may apply
• Key aspects of developing a due diligence strategy for senior managers, officers and directors 

The Program Will Cover:

Obligations under the Occupational Health and Safety Act - A Primer 

• OHSA obligations for officers and directors
• OHSA obligations of supervisors and how an officer or director can be charged in either capacity
• Obligations for off-site supervisors, officers and directors
• Definition of an officer or director for OHSA purposes 

Consequences Under The OHSA For Senior Managers, Officers And Directors 

• Trends in penalties including maximum $25,000 fines and jail terms
• Can corporations pay fines for officers and directors? Limitations
• How corporate behaviour in ignoring safety can result in Criminal Code consequences 

Five Point Officer And Director Due Diligence Strategy:

How Senior Management, Officers And Directors Can Incorporate A Personal Due Diligence And OH&S Regime Into Regular Activities 

Step 1:    

Make sure senior officials, officers and directors know the corporation's most fundamental health and safety obligations

• Assessing the legislation they should know and training they should have

Step 2:     

Ensuring meaningful review of corporate health and safety policies and programs

• Review by board of directors
• Regular placement of safety program and policy on officers and directors meeting agendas and on management/production meeting agendas

Step 3:    

Establish system for senior officials, officers and directors to become informed of significant or critical health and safety developments or problems

• How keeping abreast of ongoing health and safety issues is a crucial part of  OHSA obligations
• Creating a system for officers and directors to review significant developments, orders, problems, new legislative requirements or standards

Step 4:

Ensuring that senior officials and officers and directors follow up on health and safety problems and compliance issues

• How lack of follow up can destroy any argument of all reasonable care
• Nature of follow up expected

Step 5:

Documentation of board of directors and management meetings to discuss health and safety, directions to comply with ministry orders, safety recommendations, and direction given to remedy critical health and safety concerns

• How failure to document can result in dramatic consequences