Due Diligence Checklist: How to Prove Your PHS Compliance to an OHS Inspector.

Workplace Culture

Nov 11

The regulatory landscape for workplace safety is changing across Canada. For years, the focus was physical; now, it’s profoundly psychological. Provincial OHS inspectors demand proof that mental harm is managed with the same rigour as physical injury. So, what is the standard?

What is Psychological Health and Safety (PHS)?

Psychological Health and Safety (PHS) is the practice of creating a work environment that protects employees from mental harm and promotes overall well-being. It focuses on identifying and controlling psychosocial hazards—aspects of work that can harm mental health, such as:

Excessive workload or work pace.
Unsupportive leadership or organisational culture.
Workplace bullying, harassment, or violence.
Lack of autonomy or control over one's work.
Poor communication or conflicting demands.

Read: Two Canadian Supreme Court Rulings That Changed Workplace Mental Health Forever

The PHS Compliance Due Diligence Checklist

To demonstrate due diligence and compliance, an OH&S inspector will look for documented evidence that psychosocial hazards are being managed with the same rigour as physical hazards. This checklist outlines the evidence and documentation you must have readily available.

1. Leadership and Commitment (The Policy)

Leadership and Commitment is the foundation of an effective PHS framework and your primary evidence for a due diligence defence. A formal, documented policy—signed off by the highest level of management—serves two purposes: it legally establishes accountability and it signals genuine commitment. Without visible commitment from the top, PHS initiatives are often perceived as optional, hindering the necessary culture change and resource allocation required to manage hazards effectively.

Evidence Required:

PHS Policy Statement: A formal, documented policy, signed by senior management.
Integration with OH&S: Documentation showing how PHS is integrated into the overall OH&S Management System (a requirement across most Canadian jurisdictions).
Resource Allocation: Records demonstrating resources (time, budget, personnel) have been assigned to PHS initiatives.

2. Planning and Risk Management

This documentation moves the organisation past mere intent and into demonstrable action. It proves you are treating psychosocial risks with the same rigour as physical risks, which aligns with the spirit of the National Standard of Canada for PHS and relevant provincial legislation. This section shows the auditor the complete lifecycle of hazard management: Find it -> Assess it -> Control it -> Comply with the rules.

Evidence Required:

Methodology: Documented process for identifying, analysing, and evaluating psychosocial risks (the proof of system).
Results: Records of identified psychosocial hazards and the assessed risk level (the evidence of discovery).
Action Plan (Control Measures): A documented plan outlining specific controls to eliminate or mitigate identified risks, following the Hierarchy of Controls principle (the proof of action).
Legal/Other Requirements Register: A maintained list of all applicable PHS-related laws, regulations, and industry standards (e.g., provincial OH&S Acts, WCB requirements, and the National PHS Standard) (the proof of compliance awareness).

3. Implementation and Operation (Training and Support)

While policy and planning show intent, Implementation steps prove that the system is actually working on the ground. An auditor is looking for evidence that the PHS process is integrated and effective, not just a document on a shelf. This documentation proves you have taken steps to inform and equip the entire workforce.

Evidence Required:

Worker Training: Documentation that all workers have received training on PHS basics, identifying hazards, and reporting procedures.
Leader/Supervisor Training: Records proving leaders are trained in psychological safety skills, including recognising mental health concerns and directing employees to support systems (a key focus for due diligence in Canadian legal precedents).
Communication Procedures: Documents detailing how internal and external PHS communications occur (e.g., Joint Health and Safety Committee (JHSC) meeting minutes, internal memos).
Incident Management Process: A clear, documented procedure for reporting, investigating, and addressing psychological incidents (e.g., reports of bullying, stress-related absences, or even work refusals due to mental harm).

4. Performance Evaluation and Improvement

This section provides the objective data to prove the system is effective, sustainable, and continually improving. It confirms that the PHS system is a living management process, fulfilling the safety management cycle of Plan -> Do -> Check -> Act, which is required for effective safety management in Canada.

Evidence Required:

Monitoring and Measurement Records: Data collected on PHS performance, such as:
- Employee feedback/pulse survey results.
- Absenteeism, turnover, or injury/illness rates linked to psychosocial factors.
- Audit results of PHS programmes.
Compliance Evaluation and Corrective Actions: Records of regular self-assessments or internal audits to ensure adherence to standards, along with documented non-conformities and the corrective actions taken.
Management Review: Minutes from management review meetings that include an evaluation of the PHS programme's effectiveness and goals for continuous improvement.

Roadmapping Psychological Health and Safety: Why Complexity is the Reality

While our compliance checklist provides the necessary documentation to satisfy an inspector, the actual journey of creating a psychologically safe workplace—the PHS Roadmap—is far more intricate than a simple tick-box exercise. It is a strategic transformation that involves deeply complex human and organizational factors.

Effective PHS is a complex, strategic, and iterative commitment. It is not enough to simply have the documents; organisations must commit to the deep, long-term work of systemic change, cultural development, and continuous risk assessment.

The Sources of PHS Complexity

The difficulty in roadmapping Psychological Health and Safety stems from its nature as a systemic, intangible, and highly personal risk management challenge:

Subjective Risk Factors: Unlike physical safety, psychosocial hazards are perceived differently by every employee. What one person views as a challenging opportunity, another views as an overwhelming stressor. The Roadmap must account for this subjectivity, moving beyond generic wellness programmes to address systemic workplace factors.
Data Collection and Measurement: PHS relies heavily on qualitative and self-reported data (surveys, interviews). This data is harder to measure, track, and link directly to a specific intervention than traditional OH&S metrics. Furthermore, collecting honest data requires first establishing the very thing you are measuring: psychological safety to speak up.
The Culture and Leadership Hurdle: PHS is, at its core, a cultural shift driven by leadership. It requires managers to demonstrate vulnerability, empathy, and supported accountability—attributes that cannot be implemented overnight or mandated by a policy. The roadmap must include significant, long-term leader development.
The Dynamic System Challenge: A PHS roadmap is not a static document. It must be flexible, iterative, and designed for continuous assessment. As the workplace changes (new technologies, organisational restructuring, economic pressures), new psychosocial risks emerge.