If an employer has been charged for contravening the Occupational Health and Safety Act, and they are able to prove due diligence, the charges may be dismissed. True or False?
Understand the Problem
The question is making a statement regarding the Occupational Health and Safety Act and asking whether this statement is true or false.
Answer
True
True, if an employer charged under the Occupational Health and Safety Act can prove due diligence, the charges may be dismissed.
Answer for screen readers
True, if an employer charged under the Occupational Health and Safety Act can prove due diligence, the charges may be dismissed.
More Information
The legal defense of due diligence requires that an employer demonstrates they took all reasonable precautions to prevent the contravention. This means being proactive about identifying and mitigating risks related to occupational health and safety.
Tips
A common mistake is assuming that partial compliance or attempts to comply with regulations suffice for due diligence. Full and proactive measures are required.
Sources
- The OHS Due Diligence Defence: 5 FAQs | McInnes Cooper - mcinnescooper.com
- CCOHS: Health and Safety Legislation in Canada - Due Diligence - ccohs.ca
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