Health and safety program (OHS)

A buyer meets the term when asking whether a business’s safety paperwork exists and is actually run. Ontario’s written policy has its own entry at health and safety policy statement; the wider duty is at OHS compliance. For the employment side of a deal, see employment due diligence.

What British Columbia and the federal Code say

In British Columbia, the Occupational Health and Safety Regulation, s. 3.1, says when a program must be initiated and maintained, and s. 3.1(2) lets an officer require one in any workplace despite that, when in the officer’s opinion it is necessary. Under s. 3.3 it must be designed to prevent injuries and occupational diseases and must include, among other things, regular inspections, written instructions, incident investigation and records. Under s. 3.2, an operation with a workforce smaller than s. 3.1(1) refers to maintains a less formal program built on regular monthly meetings with workers. Federally, the Canada Labour Code, s. 125(1)(z.03), requires an employer, for every work place it controls, to develop, implement and monitor a prescribed program for the prevention of hazards appropriate to the work place’s size and hazards, in consultation with the policy committee or, if there is none, the work place committee or the health and safety representative. This entry covers British Columbia and federal rules; check the rules where you are.

What to ask

• Which regulator’s rules cover each site, and which of them calls for a program
• The written program, its latest revision and the inspection and incident records it requires
• Whether any officer’s order or direction asked for a program to be introduced or changed