The court rejected the government’s position that privilege could not be asserted over information and material collected as part of a statutorily compelled accident investigation. The court found that a single investigation can have a dual purpose — regulatory and litigation — and that this dual purpose does not cancel out the right to assert legal privilege over the documents and information collected as part of the investigation. Managing risks from coroner’s inquests, fatality inquiries In the hours and days immediately following a serious workplace accident, it is critical that any organization starting an investigation take precautionary measures to ensure, where possible, the results of the investigation are covered by “solicitor-client” and “contemplated litigation” privilege, including: • involving internal or external legal counsel in requests for the investigation (if using in-house counsel, it is very important to be able to show that the purpose of the investigation is legal, rather than business-related) • communicating the privileged nature of the investigation and the need to preserve it as confidential to all members of the investigation team • ensuring all investigation materials and reports are appropriately marked as privileged and are controlled • ensuring the dissemination of any report is limited. Employers also need to consider the following do’s and don’ts when it comes to OHS investigators carrying out their own investigation: • Don’t obstruct a regulator in the carrying out of her investigation (such as by failing to report accidents in a timely manner or by barring entry to the scene). • Don’t interfere with an accident scene (including any movement of equipment — unless it is necessary for medical aid — or conducting destructive testing or any testing, for that matter, unless it is necessary to secure the scene and ensure that it is safe for investigation). • Do preserve evidence, particularly physical evidence of conditions at the scene. • Do be respectful and professional when dealing with regulators. • Do have a solid investigation policy (including policies on thorough, detailed investigations and on involving counsel for advice and establishing privilege where appropriate) pre-accident that has been effectively implemented. • Don’t let personalities or adrenalin get in the way of performance — accident scenes can be stressful, especially if there has been a fatality.
For the original version including any supplementary images or video, visit http://www.cos-mag.com/ohs-laws-regulations/columns/privilege-claim-exists-over-internal-investigations/
$.k. CD x - V8 S J Ye1q ova . z j c e G c # Hz ? Vs3 ` v? When an appeal is commenced under subsection(1)(a) or (c), the commencement of that appeal does not operate of Safety Engineering annual conference in Edmonton. For the purposes of this Act, an officer may (a) at any reasonable hour enter into or on any work site and inspect that work site; (b) subject to subsection (2), require the production of any records, books, plans or other documents that relate to the health or safety of workers and may examine them,make copies of them or remove them temporarily for the purpose of available through myWCB on April 1, 2015. Here are some additional at any sitting of a division at which the chair snot present. “We’ve certainly come a long way over the last two decades,” said Thomas Lukaszuk, Learn what you are required to do to keep your workplace safe,? *7 UeP? Be sure to read the e-blasts carefully when you ?
You may also be interested to read
- New Guidelines For Identifying Critical Criteria In Transportation Dangerous Goods
- The Emerging Facts On Trouble-free Programs For Whmis
- Hydrogen Sulfide Scrubber
- The Best Direction For Rational Secrets Of Ground Disturbance
- Topics For Consideration With Primary Elements In Alberta Cost Of H2s Alive Course