Reasonable diligence: the employer cannot rely on others

Release date: February 1st, 2012

A criminal complaint under section 237 of the A.O.H.S. was lodged against an employer operating a roofing company, following a visit by a C.S.S.T. inspector who noted that the overhead work area was unsafe. According to the court, though a policy calling for disciplinary measures may be in place to penalize delinquent employees, it cannot in and of itself demonstrate reasonable diligence on the part of the employer. The latter relied on his workers’ experience and on the expert hired to do the inspection tours on his many work sites. However, relying on the experience of his troops frequently leads to more lenient monitoring which translates into a certain amount of tolerance, which is inexcusable in terms of occupational health and safety. The employer is found guilty of the violation. CSST v. Toitures Couture et Associés Inc., 2010 QCCQ 4579, DTE 2010T-555 (C.Q.) Justice Monique Perron.


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