Due diligence: rules, unannounced visits and disciplinary measures can be enough

Release date: June 1st, 2011

A roofing company received a statement of offence (sec. 237 AOHS) as a result of failure, by 2 roofers working at a height of 20 feet, to secure their harness to a tether line. Though the court confirmed that there was an imminent and probable risk of injury to the health, safety and physical integrity of the workers, it deemed that the employer had exercised due diligence and that he should be acquitted. In addition, the offence was committed by his foreman without his knowledge or consent, and against his unequivocal instructions. he could not have done anything more besides being personally present on his worksites at all times. CSST v. Toitures Daniel Inc. , 2010 QCCQ 1097 (C.Q.), Judge Monique Perron


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