Due diligence defence (occupational health and safety)

An owner who is charged with a safety offence may need to show what the business did to prevent harm. The Canadian Centre for Occupational Health and Safety says due diligence is important as a legal defence for a person charged under occupational health and safety legislation, and that the defendant must be able to prove that all reasonable precautions were taken to protect workers.

Ontario’s wording

Section 66(3) of Ontario’s Act applies on a prosecution for failure to comply with s.23(1), clause 25(1)(b), (c) or (d), or s.27(1). It says it is a defence for the accused to prove that every precaution reasonable in the circumstances was taken. The accused carries that burden of proof. Read the whole of s.66 before relying on it.

What a buyer can ask

• What written programs, training and inspection records the seller can produce.
• Whether any charge or investigation is open, and which provisions it concerns.
• Which of those records will transfer with the business.