OHS 718 Lecture Notes - Lecture 2: Regulatory Offence, Due Diligence, Mens Rea

• School: Ryerson University
• Department: Occupational Health
• Course: OHS 718
• Professor: James Ebidia

Document Summary

Introduction: course about managing health and safety systems, course is about due diligence for a senior management, due diligence is a defence to a prosecution for failure to comply with the statute (written law) or a regulation. Due diligence means to take every precaution reasonable in the circumstances to avoid breaching (breaking) the duty. When the prosecution has finished showing the evidence that the defendant (one being accused of the crime) has breached the act or regulation. The prosecution must have proved to the judge beyond a reasonable doubt that the offence has been committed. The defendant is arguing in the defence of due diligence that he/she has done everything reasonable to try and avoid that offence occurring. Initial starting point for an examination of due diligence is the specific duties in the legislations. For example, the duties of employers, supervisors, workers, officers and directors.