Due Diligence And The Right To Refuse: Allies In Protection

In the workplace, employers are required to exercise due diligence toward their employees. This means that they must take preventive actions in order to reduce the risk of industrial accidents.

Exercising due diligence is of the utmost importance not only to support the health and safety of employees, but also to prevent the incidents of sanctions that employers may face by failing to perform their due diligence. The directors of a company and its representatives, including managers at all levels, may now be held personally responsible in cases of failure to exercise due diligence when serious incidents occur.

The Ontario decision R. v. Vadim Kazenelson^[1] provides a good example of the serious repercussions that may result from such a failure. This decision was made after four workers died and a fifth was seriously injured at a company that performs work on high-rise buildings. The Court found that these serious consequences were a direct result of the collapse