25 May 2009
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THE INSIDER'S 4TH ANNUAL DUE DILIGENCE SCORECARD
How do you know if your company could successfully prove that it exercised due diligence? The only way to get a definitive answer to this question is for your company to get prosecuted for a safety violation. If the court accepts the company’s due diligence defence, you’ll know your OHS program does what the law expects it to do. If that defence fails, then you know you still have some work to do. But getting prosecuted and letting a judge determine the legal sufficiency of your OHS program isn’t a practical approach to measuring the program’s success. A more practical approach is to review how courts and tribunals have ruled on due diligence in prosecutions against other companies and use the lessons of those cases to evaluate your own program’s effectiveness. The Insider invented the Due Diligence Scorecard to help you do just that.
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