Is Due Diligence other side of negligence
Yes, Indeed! The courts very clearly say that DUE DILIGENCE is simply the other side of the coin from NEGLIGENCE.
If you are negligent, then in the eyes of the law, you have failed to take all reasonable care in the given circumstances. This is where the concept of due diligence comes into existence. Internal Responsibility System plays a very big role in ensuring that a worker has done everything reasonable in the given circumstances to mitigate the risks or to bring it down to as low as it can possibly go.
If you are duly diligent, then in the eyes of the law, you have taken all reasonable care in the circumstances to bring down the risk to as low as you reasonably could. It is very important to note that for any offence falling under the Occupational Health and Safety Act, the court allows a defendant the right to make a Due Diligence defense. This is where the defendant gets the opportunity to present to the court the fact that he or she has been duly diligent in taking reasonable care in the given circumstances to bring down the risk to as low as they reasonably could. Thus, when you are duly diligent, it becomes a potent legal defense in case of an OHSA offence.
One of the best parts about using due diligence as your defense is that the defendant will have to just prove it based on a the ‘Balance of Probabilities’. In simple words, the court must be only 51% certain about the fact that the defendant was duly diligent to acquit him or her of the offence covered under OHSA Ontario. Thus, Due Diligence is a potent legal defense.
Therefore, in the eyes of the law, to be DULY DILIGENT, you should not be NEGLIGENT. It’s as SIMPLE as that!!!