On March 25, 2015, in Val-d’Or, Élodie Brunet, in collaboration with Josiane L’Heureux, respectively associate and partner in the Labour and Employment Law Group at Lavery, gave the opening presentation at the “Think Prevention” conference. This event, organized by the SPI Health and Safety firm, was a gathering of more than 80 people representing local businesses, such as mining companies, cities and municipalities.
The presentation entitled “Le succès d’une défense de diligence raisonnable passe inévitablement par la prévention” (“A successful due diligence defence necessarily begins with prevention”) sought to sensitize managers to the practical elements an employer must implement when faced with a CSST inspection, a statement of offence alleging a violation of the Act Respecting Occupational Health and Safety or a charge of criminal negligence.
In such situations, the employer must be able to demonstrate his diligence, and more specifically, that he took the necessary measures to protect the health and safety of his employees and to prevent, to the extent possible, any impact on their health and safety.