Posted By Patrick Guyomard Try http://www.ccohs.ca/osha...rs/legisl/diligence.html Pad

Posted By Ron Impey We apply it to situations where outside organisations are providing activities or services for our children and young people. The due diligence checks make sure that the activity or service provider is adequately managing safety. The checks may include ensuring that the other organisation: is reputable, with staff that are properly qualified/trained and experienced, has workers that have been police-checked if appropriate, complies with the legal requirements, including suitable and sufficient risk assessments, is aware of and complies with any approved codes of practice and similar authorative documents, if necessary, is registered with and licensed by the relevant enforcing authorities, maintains at least the minimum required standards of health and safety, has an acceptable accident record with no outstanding serious incidents being investigated, has not been prosecuted for breach of health and safety law, or successfully sued for negligence, has no outstanding enforcement notices in connection with any activity provided, has adequate and appropriate insurance cover, has experience of providing for any relevant, specific special needs within the group, has any appropriate accreditation(s) by relevant organisation(s), and/or memberships of/affiliations with relevant trade associations/governing bodies.

Posted By Raymond Rapp MancMan I am not sure there is an unequivocal definition of 'due dilligence'. I can only recall it being used within a health and safety context in the Transport at Work Act (1992?), where it requires railway operators to show due dilligence with regards to drugs and alcohol monitoring. In my opinion it is deliberately vague in order to allow those a degree of flexibility. I suppose it is akin to 'competent persons' where there is a degree of subjectivity in the term and is much debated on this forum. Regards Ray

Posted By Alex Nasmyth Try looking at Tesco Supermarkets Ltd v. Nattrass ()1971), this is on the NEBOSH sylabus as a case law example of Due Diligance, I can forward you a summary if you like.

Posted By JWG Just thought I'd throw a link to the Tesco's case for ease: http://www.safetyphoto.c...co_Ltd_v_%20Nattrass.htm

Posted By Raymond Rapp Ye ha, with a southern drawl on the e. Ray

Posted By Mark Gough due diligence as in the electricity at work regs reg 28 ish :0) is a defence against an absolute duty within the regulations. If you can prove you have done all that is possible (not resonably practicable!!)and still an incident occurs you can use a due diligence defence. I dont think anyone as succesfully used it yet quite onerous !!!(cant we have a spell check on ere!!)

Posted By Robert K Lewis Merv I sympathise totally having been through a number myself. I am surprised by the laissez faire attitudes of some purchasers concerning H&S. Imagine buying Railtrack with its liabilities - Network Rail certainly felt the effects but it was the taxpayer who paid because of the new ownership arrangements! On this forum we have had a number of instances of practitioners trying to put right H&S problems in a recently acquired plant. From a divestment point of the Due Diligence still applies on directors to disclose matters but it is not pushed that hard. Strangely environmental DD has a higher profile. We do get so isolated in our H&S world that we forget these phrases are common across business and have a host of implications arising out of their fundamental definition. Bob

Posted By Robert K Lewis Alexander I think we better not argue with naturalised Frenchmen, or semi at least, too much on food and drink. I prefer a simple Auchentoshen in any case although single malts of any description are never refused. Makes even raw oysters taste palatable. Which neatly ties up due diligence as you seek out reliably sourced live oysters to ensure the maximum flavour in the mouth and safeguards against Normandy stomach. Bob