Due Diligence
Staying Aligned with Industry Best Practices
Across Canada, every province and territory has laws that set out an employer’s responsibilities. In Alberta, two terms come up again and again in courtrooms: due diligence and reasonably practicable.
Here’s what that really means for employers. Under the Occupational Health and Safety Act, if you’re charged, the burden is on you to prove due diligence. You need to show that you took every reasonable step to keep your workers safe.
Courts generally look at three things:
- Foreseeability: Could a reasonable person have predicted that something might go wrong? You’d need to prove the incident was so unlikely that no one could have seen it coming.
- Preventability: Was there a chance to prevent it? If so, you’d have to prove you did everything possible to reduce that risk.
- Control: Who had the power to prevent the incident? If it was within your control, the expectation is that you acted.
When courts review these elements, they also assess how your program aligns with regulations, industry best practices, and your own safety policies. This means providing written proof of hazard assessments, site inspections, worker training, orientations, and documentation of competent workers performing the tasks. These aren’t just good ideas; they’re legal requirements.
What “Reasonably Practicable” Means
The phrase “reasonably practicable” is often tested through what’s called the “reasonable person test.” In simple terms, the question becomes: what would a group of your peers consider reasonable under the same circumstances?
If your competitors are doing something to keep workers safe and you aren’t, that’s a problem. In the event of an incident, investigators may contact similar companies in your industry to compare your practices with theirs. If something is considered reasonably practicable, the law expects it to be done.
The General Duty Clause
Every province and territory also includes a General Duty Clause in their legislation. In Alberta, it outlines the responsibilities of everyone on a work site: employers, workers, suppliers, and contractors alike.
- Employers must, as far as reasonably practicable, protect the health and safety of their workers and ensure everyone knows their duties under the Act.
- Workers must take care of themselves and others on the site and cooperate with their employer to maintain a safe workplace.
- Suppliers must ensure any equipment, tools, or materials they provide are safe and compliant with the law.
- Contractors who direct employers at a work site must ensure those employers also follow the Act and its regulations.
By including the phrase “reasonably practicable,” the legislation makes safety a matter of strict liability. That means you can’t defend yourself after an incident by saying, “We didn’t think it would happen.” Instead, you must be able to show the steps you took before anything went wrong.
Why Due Diligence Matters
Due diligence isn’t about covering yourself after the fact; it’s about proving you had systems in place to prevent accidents in the first place. The standard is high, but it’s designed to keep workers safe and businesses accountable.
For employers, that means having solid policies, clear training records, hazard assessments, and consistent enforcement of safe practices. If those elements are missing, it becomes difficult to prove that safety was truly a priority.
How AJB Safety Can Help
The rules may feel complicated, but the solution doesn’t have to be. At AJB Safety, the team helps companies in Alberta build and maintain safety programs that meet the law and reflect industry best practices.
From hazard assessment training and supervisor leadership courses to program development that satisfies OHS requirements, they make compliance straightforward. And because we’ve been trusted across construction and industrial sectors for over 20 years, you can be confident our guidance stands up when it matters most.
Consult with AJB Safety Ltd. today to make sure your operation is compliant, your workers are protected, and your company is prepared.