Environment, Health and Safety... What's all this "nonsense"?
Why aren't the following justifications enough?
- "It's always been done this way"
- "I'm just doing what I was told"
- "It happens so infrequently that it's not worth the bother"
- "I know that at university XXX they do it this way all the time"
The only legal defence for both environmental and health and safety law is DUE DILIGENCE. Intent is not part of the equation as it is in criminal law. Past practices are not an acceptable defence. And showing that others are doing the same thing does not meet due diligence requirements either.
Due diligence is about showing that the reasonable actions were taken based on the situation at hand and the information available. Keeping good records is the holy grail of due diligence.
Why does it seem like meeting regulatory needs is like a moving target?
The nature of environmental as well as health and safety law is unlike other regulations with respect to the manner in which the legal framework is mounted. For example:
- The Ontario Occupational Health and Safety Act was enacted in 1990. However, over 40 sub-regulations exist under the act and each one can be updated separately.
- The Canadian Environmental Protection Act governs environmental issues across the country. It has over 30 sub-regulations that also can be updated separately.
- The Ontario Environmental Protection Act also has several sub-regulations that can be updated separately.
Why does it seem like ORM keeps redoing the same projects?
Environmental and Health and Safety regulations often require employers to update systems at a prescribed frequency. For example: WHMIS training MUST be reviewed regularly and updated to keep up with changes in practices and standards.
Stagnation is not permitted. Because of these requirements, frequent updates to University policies and procedures occur.
Why is it important to keep up to date?
There are two areas in which an organisation AND a person can get huge financial fines:
- environmental infractions, and
- health and safety infractions.
The fines from the Ministry of Labour range from a few thousand dollars to several hundred thousand dollars. Individuals can also receive jail time. The same applies with the Minstry of the Environment. The law has changed in the last 10 years!