"It's not enough that we do our best, sometimes we have
to do what's required."
- Winston Churchill
May 5th, 2019 marks the start of what is now called
Safety and Health Week, also known as North American Occupational
Safety And Health Week, (NAOSH). It is a good opportunity for
employers, supervisors and workers to take time to assess whether
their policies, procedures, training, monitoring and enforcement
regarding health and safety constitute not only their
"best," but also what is required.
In any provincial regulatory trial, once the prosecution proves
the actus reus (the commission of the offence as charged) beyond a
reasonable doubt, in order to escape liability, a defendant must
prove that it, he or she was "duly diligent" on a balance
of probabilities. Did the defendant take all reasonable precautions
to prevent the risk of harm? This requires "... a high
standard of awareness and decisive, prompt and continuing
action," (R. v. Courtaulds Fibres Canada,
