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OHS Due Diligence: If There Isn’t a Record, Did It Even Happen?

Much has been, and continues to be, written about the corporate due diligence defence in Occupational Health and Safety Act prosecutions. Scores, if not hundreds, of articles have been written both about what it means and how courts will assess due diligence once it has been raised.

Obviously, these topics are important and businesses that employ workers benefit greatly from them. Unfortunately, one point that is often missed in the mix is the absolutely critical role that record keeping plays in establishing due diligence. This article aims to remedy that. (Source: Aird Berlis, 2019).

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