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Legal Diligence Checklist - Essay Example

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The answer to that is yes, however it is not clear whether written OH&S procedures are available, since no written records exist of workplace safety audits having been made. This could prove to be a legal liability at some later date, if questions are raised by Government…
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Legal Diligence Checklist
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Extract of sample "Legal Diligence Checklist"

Running Head: LEGAL DILIGENCE CHECKLIST LEGAL DILIGENCE CHECKLIST Legal Diligence checklist The report I will present is based upon my investigation into Joe’s landscaping Company, with special emphasis on identifying any legal pitfalls and risks that may have to be assessed.
I will present certain questions I have framed to assess the company’s due diligence.
1. Firstly, is Joe’s Company acquainted with all the requirements of the EPA and OHSA and are they complying with them?
The answer to that is yes, however it is not clear whether written OH&S procedures are available, since no written records exist of workplace safety audits having been made. This could prove to be a legal liability at some later date, if questions are raised by Government authorities, for non compliance with Governmental regulations.[www. allbusiness.com, n.d.]
2. Secondly, has Joe’s Company taken care of the occupational safety hazards? Lawn mowing raises the scope for accidents due to flying debris and objects that may be thrown up. In case of worker injury, lawsuits for compensation and damages could run into several millions. Has Joe’s company made adequate provision for removal of debris and other objects from lawns before starting work? The answer to that is yes.
3. Has Joe’s Company made provision for adequate training of the workers in order to acquaint them with safe working conditions and impress upon them the need to adopt safe work practices?
This is important because it will demonstrate from a legal point of view that Joe’s company has exercised due diligence in ensuring that the workers are acquainted with safety procedures and know to operate in a safe manner. Therefore, it will negate any charges of reckless endangerment caused by the employer and allegations of disregard for employee safety or non compliance with Government regulations on worker safety and training. In addition to training, Joe’s Company also has provision for appropriate protective gear for the workers in order to ensure their safety at the workplace.
4. Does the employer have an accident investigating and reporting system in place? This ensures that a written record is maintained of all the potentially dangerous accidents that have endangered workers[www.ccohs.ca, n.d.] The answer to that question is a no. This could prove to be a legal liability in the event of a lawsuit for reckless endangerment.
5. Have any arrangements been made by the employer to monitor the workplace? This is important, so that legal allegations made later can be redressed through hard evidence from film. The answer to that is yes, since he has installed motion lights and cameras to monitor workplace activity.
6. Does Joe’s Company have any written documentation of action that was taken against employees violating safety procedures and rules? This is important from a legal standpoint, because it helps to protect against legal liability for worker injury. If a worker has erred and been corrected but repeats the risky action, the employer will not be liable. But the answer to this question is No.
7. Does Joe’s Company have adequate insurance to cover substandard work by contractors?
The answer to that is yes. This will help to avoid any legal action for non fulfillment of contract terms, since the required level of work will be unfailingly provided.
8. Is Joe’s Company reviewing their OSH program and making revisions as needed?
No clear indication exists that the Company is doing this. Due diligence has to be improved.
References Cited:
1. What is meant by due diligence? Retrieved July 20, 2005 from URL: http://www.ccohs.ca/oshanswers/legisl/diligence.html
2. Ask the experts. Retrieved July 20, 2005 from URL: http://www.allbusiness.com/business_advice/expert_article.asp?ID=2402&Expert=2508
3. Legal due diligence. Retrieved July 20, 2005 from URL: http://www.indlaw.com/publicdata/articles/article26.pdf Read More
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