THE LAW • Social Welfare Quasi Criminal Laws, like

the OHS Act, and the Environmental Protection Act are a step down from criminal liability in that while it is necessary to have the actual wrongful conduct take place, it’s not necessary to have criminal intent to do it.

Due Diligence

• As a legal defense -acquittal in either of two ways:

• Proving that all reasonable care was taken to avoid the episode or,

• Proving that one believed in a mistaken set of facts (ignorance of the law doesn’t count) that, if true, would render the prohibited act innocent.Being “willfully blind” will not save you, it

will bury you

Examples of Due Diligence for Supervisors

• Coaching

• Job observation

• Safety talks

• Tailboard conferences

• Enforcement of rules & regulations

• Discipline

• Taking problems to senior management

Examples of Due Diligence for Managers

• OHS Performance evaluation

• Holding others accountable

• Implementing programs

• Considering system wide problems

Examples of Due Diligence for Executives

• Policy

• Competent Professionals

• Sufficient Resource Allocation

• Leadership

• Holding Subordinates Accountable

• Ensuring the development of an OHS System

• Ensuring Periodic “System Audits”

Accountability versus Responsibilities

Presidency

Accountability Responsibilities

Respond to the results obtained and the respect of laws and regulations in effect.

* Execute leadership in EHS

* Communicate expectations.

* Provide EHS financial resources.

* Evaluate management employees.

Plant Management

Accountability Responsibilities

Respond on behalf of the company or organization to EHS employee work conditions.

* Implement EHS management systems to identify, evaluate, control and monitor EHS risks (to reduce accidents, occupational illnesses, environmental excursions.

* Prepare yearly action plans in line with the above EHS management system and ensure follow-up.

* Ensure respect of current EHS laws and regulations.

*Evaluate the production / services management.

Accountability versus Responsibilities

Administration

Accountability Responsibilities

Respond for the results obtained and the management of EHS systems in the company.

*Ensure the implementation of EHS management systems.

* Request and approve action plans for the company.

* Evaluate Plant Management and Administration

Production / Services Management

Accountability Responsibilities

Respond to the mechanisms and EHS risk controls, implementation of corrective measures, ensure preventative systems as well as work methods and SOPs (Standard Operating Procedures).

* Identify, evaluate and control of EHS risks and request corrective measures and preventative controls.

* Evaluate supervisors, personnel & associates.

Accountability versus Responsibilities

Supervision

Accountability Responsibilities

Respond to employee EHS behaviors and the respect of rules and procedures.

* Prevention of EHS risks or conditions.

* Ensure the involvement of employees in the EHS preventative actions.

* Respond to properly and promptly to employee EHS behaviors.

Employee Responsibilities

* Engage and participate in identifying, monitoring and controlling EHS risks and hazards.

* Respect rules, procedures, SOPs and safe work method.

* Report all EHS eminent (dangerous) and systemic situations and/or risks.

* Maintain his/her work environment clean and orderly.

* Communicate suggestions.

* Ensure own safety and security and that of others as well. Report all dangerous conditions (eminent, systemic).

* Practice responsible, logical and safe behaviors.