Due Diligence
The following report answers two questions to get a better understanding of the term due diligence. It will describe where the term due diligence came from and from what case. The report also examines an industrial fatality in Alberta and tries to identify what happened and makes recommendations on due diligence for the case study.
Where did the term “due diligence” come from, what case?
“In the late 1970s, the due diligence defense was made available to a new category of regulatory offences, known as strict liability offences, by the Supreme Court of Canada (the “SCC”) in R v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 5 D.L.R. (3d) 161 (“Sault Ste. Marie”). Strict liability offences, and the due diligence defense, were provided …show more content…
(3) An employer must ensure that the tests referred to in subsection (2)(d) are repeated at regular intervals appropriate to the hazard associated with the work being performed (Alberta OHS Handbook, 2013).
Control - A hot work permit drafted with inputs from the welder could have identified the potential explosive atmosphere in the tank which will have led to an atmospheric testing prior to commencement of the work.
Part 5 Section 52(1) of the code states that:
(1) If the hazard assessment identifies a potential atmospheric hazard and a worker is required or authorized by an employer to enter the confined space, the employer must ensure that a competent worker performs a pre-entry atmospheric test of the confined space to
(a) verify that the oxygen content is between 19.5 percent and 23.0 percent by volume, …show more content…
A means of hazard control which involves the elimination of the hazard through ventilation/purging or inerting (“if it is not reasonable practicable to eliminate an explosive or flammable atmosphere within the confined space through another means”) of the biodiesel tank (Alberta OHS Handbook, 2013) would be necessary while downgrading the tank prior to commencement of the work.
Furthermore, tending worker as defined by Part 5 Section 56(1) of the code must be present if the atmospheric hazard identified cannot be eliminated or effectively controlled (Alberta OHS Handbook, 2013). The tending worker also called a safety watch must be competent and will be responsible for monitoring of the atmospheric readings (lower and upper explosive limits, oxygen levels, etc.) at the bottom and top of the tank prior to start of the hot work and during the work as these readings are vital due to the nature of the initial content of the tank.
Part 5 Section 49(2) of the code explains that “(1) an employer must ensure that workers within a confined space are protected against the release of hazardous substances or energy that could harm
The following report answers two questions to get a better understanding of the term due diligence. It will describe where the term due diligence came from and from what case. The report also examines an industrial fatality in Alberta and tries to identify what happened and makes recommendations on due diligence for the case study.
Where did the term “due diligence” come from, what case?
“In the late 1970s, the due diligence defense was made available to a new category of regulatory offences, known as strict liability offences, by the Supreme Court of Canada (the “SCC”) in R v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 5 D.L.R. (3d) 161 (“Sault Ste. Marie”). Strict liability offences, and the due diligence defense, were provided …show more content…
(3) An employer must ensure that the tests referred to in subsection (2)(d) are repeated at regular intervals appropriate to the hazard associated with the work being performed (Alberta OHS Handbook, 2013).
Control - A hot work permit drafted with inputs from the welder could have identified the potential explosive atmosphere in the tank which will have led to an atmospheric testing prior to commencement of the work.
Part 5 Section 52(1) of the code states that:
(1) If the hazard assessment identifies a potential atmospheric hazard and a worker is required or authorized by an employer to enter the confined space, the employer must ensure that a competent worker performs a pre-entry atmospheric test of the confined space to
(a) verify that the oxygen content is between 19.5 percent and 23.0 percent by volume, …show more content…
A means of hazard control which involves the elimination of the hazard through ventilation/purging or inerting (“if it is not reasonable practicable to eliminate an explosive or flammable atmosphere within the confined space through another means”) of the biodiesel tank (Alberta OHS Handbook, 2013) would be necessary while downgrading the tank prior to commencement of the work.
Furthermore, tending worker as defined by Part 5 Section 56(1) of the code must be present if the atmospheric hazard identified cannot be eliminated or effectively controlled (Alberta OHS Handbook, 2013). The tending worker also called a safety watch must be competent and will be responsible for monitoring of the atmospheric readings (lower and upper explosive limits, oxygen levels, etc.) at the bottom and top of the tank prior to start of the hot work and during the work as these readings are vital due to the nature of the initial content of the tank.
Part 5 Section 49(2) of the code explains that “(1) an employer must ensure that workers within a confined space are protected against the release of hazardous substances or energy that could harm