A workplace safety policy is useful, but having one does not guarantee that workers are protected. Supervisors must understand the hazards they oversee, recognise when something is unsafe and take appropriate action.
In Canadian occupational health and safety, due diligence is closely connected to taking reasonable precautions to prevent harm. What those precautions require depends on the circumstances, the applicable legislation and the risks involved.
For supervisors, this can mean communicating known hazards, checking that safety procedures are followed, addressing unsafe conditions and escalating problems they cannot resolve themselves. Appropriate training helps supervisors make informed decisions, but completing a course alone does not establish that every reasonable precaution has been taken.
This guide explains what due diligence means in practice, how training supports it and what employers can do to help supervisors meet their responsibilities.
What does due diligence mean for supervisors?
The Canadian Centre for Occupational Health and Safety (CCOHS) guidance on due diligence describes due diligence in occupational health and safety as taking reasonable precautions to prevent harm in the circumstances.
The principle is not simply about following a checklist. It involves considering the hazards, the likelihood and potential seriousness of harm, and the reasonable steps available to prevent it.
For example, a supervisor who notices damaged equipment should not ignore the problem because the equipment has been used safely in the past. The appropriate response may involve removing it from service, reporting the defect and ensuring it is assessed before being used again.
The precise legal duties of a supervisor vary by jurisdiction. Some legislation expressly requires supervisors to take reasonable precautions, while other provisions establish different duties relating to hazard communication, worker protection and safe work procedures.
What does “every reasonable precaution” mean?
The phrase means taking precautions that are reasonable in the circumstances, rather than assuming that a single action will address every risk.
Consider factors such as:
- The hazard: What could cause injury or illness?
- The potential harm: How serious could the consequences be?
- Available precautions: What controls, equipment, procedures or other measures could reasonably reduce the risk?
- Knowledge and warning signs: What does the supervisor know, or what should they reasonably recognise?
- Authority and resources: What can the supervisor address directly, and what needs to be escalated?
These considerations help guide decisions, but they are not a universal legal test that replaces the wording of the applicable legislation. The specific circumstances matter.
How training supports due diligence
Supervisors need suitable knowledge and instruction to recognise hazards and respond appropriately. Without that preparation, they may not know which precautions are required or when a situation needs additional support.
Depending on the role, relevant training may cover:
- Recognising hazards associated with assigned work.
- Understanding applicable safety procedures and protective measures.
- Communicating known or foreseeable hazards to workers.
- Responding to unsafe conditions and reporting concerns.
- Understanding when to stop or escalate work.
- Knowing when specialist assistance or further training is necessary.
Training should reflect the work being supervised. A supervisor overseeing routine office activities will have different training needs from someone overseeing construction, industrial equipment or hazardous substances.
Employers should also distinguish between general learning and legally prescribed training. For example, Ontario requires employers to ensure that supervisors complete a basic occupational health and safety awareness training programme within one week of beginning work as a supervisor, subject to the regulation's provisions concerning previous training. The programme covers legal duties, workplace hazards and related safety topics. See the province's supervisor awareness training requirements.
A general safety course should not be assumed to replace a prescribed programme or workplace-specific instruction.
What are the legal responsibilities of supervisors in Canada?
Canada does not have one occupational health and safety law that applies identically to every workplace. Most workplaces are governed by provincial or territorial legislation, while federally regulated workplaces fall under the federal framework.
The applicable law determines which duties apply to an employer, supervisor or other workplace party.
Ontario: taking every reasonable precaution
Ontario provides a clear example of the phrase in the article's title. Under section 27 of the Occupational Health and Safety Act, supervisors have duties that include ensuring workers follow required safety measures, informing workers about known hazards and taking every precaution reasonable in the circumstances to protect workers.
Employers must also appoint competent supervisors. Ontario defines competency by reference to knowledge, training, experience, familiarity with applicable legislation and awareness of workplace hazards.
The province's guidance on supervisors under the Occupational Health and Safety Act explains these responsibilities.
Other provinces and territories
Other jurisdictions establish their own supervisor duties and competency requirements. For example, WorkSafeBC's occupational health and safety provisions set out specific duties for supervisors, including protecting workers under their direct supervision and being knowledgeable about the requirements applicable to their work.
In federally regulated workplaces, Part II of the Canada Labour Code establishes employer responsibilities concerning health and safety information, instruction, training and supervision. It also expressly requires adequate health and safety training for employees with supervisory or managerial responsibilities when they act on behalf of their employer. See the Government of Canada's guidance for managers and supervisors.
These examples illustrate why employers should confirm the requirements for each workplace instead of applying one province's rules across the country.
For a broader overview of supervisory duties, see CCT's guide to health and safety responsibilities of managers and supervisors in Canada.
How can supervisors demonstrate due diligence in practice?
Due diligence is supported by actions taken to prevent harm, not simply by documents prepared after an incident. Supervisors should follow the procedures that apply to their work and respond appropriately when conditions change.
1. Recognise hazards and communicate concerns
Supervisors should understand the risks associated with the work they oversee. They should communicate known hazards, explain applicable precautions and raise concerns when existing controls appear inadequate.
They do not need to resolve every technical issue personally. Recognising when specialist advice or management intervention is needed is also important.
2. Follow up on unsafe conditions
Identifying a hazard is only the beginning. Supervisors should ensure that concerns are addressed by the appropriate person and that required corrective actions are followed through.
For example, if a worker reports a defective machine guard, the supervisor should follow the applicable procedure, ensure the hazard is appropriately controlled and escalate the issue if they lack the authority or resources to resolve it.
3. Check that safety procedures work
A procedure may exist on paper but still be ineffective in practice. Supervisors should observe work where appropriate, confirm that required precautions are followed and report recurring problems.
If a procedure is unclear or unsuitable for actual working conditions, the concern should be raised rather than ignored.
4. Keep appropriate records
Records can help show what actions were taken. Depending on the workplace and legal requirements, useful documentation may include:
- Training completion records.
- Workplace inspection findings.
- Hazard reports and corrective actions.
- Relevant safety instructions and procedure updates.
- Records of follow-up or additional training.
CCOHS identifies training, inspections, corrective actions and other workplace safety records as examples of documentation that may help demonstrate due diligence.
However, documentation alone does not prove that reasonable precautions were taken. Records should accurately reflect real activities and decisions.
What should employers check when reviewing supervisor competency?
Employers can support effective supervision by reviewing whether supervisors have the knowledge, training and resources needed for their assigned roles.
A focused review should consider the following:
- Confirm the applicable legislation. Identify the federal, provincial or territorial requirements that govern the workplace.
- Check training requirements. Determine whether the role requires a specific course, approved programme or certificate.
- Assess the supervisor's knowledge. Consider the hazards, procedures and responsibilities associated with the work.
- Address gaps. Arrange additional instruction, training or support where necessary.
- Check practical application. Where appropriate, observe whether the supervisor can apply the relevant procedures and respond to hazards.
- Review when circumstances change. Reconsider training when responsibilities, equipment, processes or legal requirements change.
Experience is valuable, but it should not automatically be treated as proof of competency. Supervisors need to be prepared for the work they actually oversee.
For employers seeking structured learning, CCT's Health and Safety Training for Managers and Supervisors may be a useful resource. Employers should check that the course content matches their legal obligations and workplace hazards. It should not be assumed to replace any prescribed or site-specific training.
Final takeaway
Due diligence for supervisors is about taking appropriate precautions before harm occurs. Training, hazard communication, effective supervision, corrective action and accurate records can all support this effort, but none should be treated as a substitute for meeting the applicable legal requirements. Employers should ensure supervisors are competent for their roles and have the knowledge and resources needed to address workplace risks. The right approach depends on the law, the work and the circumstances.
Frequently asked questions
What is due diligence for supervisors?
Due diligence involves taking reasonable precautions to prevent harm in the circumstances. For supervisors, this may include understanding relevant hazards, communicating safety requirements, responding to unsafe conditions and following up on concerns. The exact legal duties depend on the applicable jurisdiction and circumstances.
What does “every reasonable precaution” mean in Ontario?
Under Ontario's Occupational Health and Safety Act, supervisors must take every precaution reasonable in the circumstances to protect workers. The appropriate precautions depend on the work, the hazards, the applicable requirements and the circumstances. Ontario's legislation and official guidance should be consulted for specific situations.
Does supervisor training prove due diligence?
No. Training records may help demonstrate that instruction was provided, but they do not establish that all reasonable precautions were taken. Employers and supervisors must also consider whether training was suitable, whether procedures were followed and whether identified hazards were addressed.
Who is responsible for training supervisors?
The employer has training and competency obligations under the applicable occupational health and safety framework. Supervisors also have legal duties under relevant legislation. Employers should identify the requirements that apply to their workplace and provide suitable training and support for the role.
Are supervisor responsibilities the same across Canada?
No. Federal, provincial and territorial occupational health and safety legislation differs. Some jurisdictions also prescribe specific training requirements. Employers should verify the rules applicable to each workplace rather than assume that one course or checklist satisfies every jurisdiction's requirements.
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