Management Lawyers

A safety related inspection or accident investigation can result in prosecution, high fines and fine surcharges. In the age of unprecedented enforcement of OH&S laws, it has become more complicated to strike the right balance between cooperating with the inspector and protecting your rights post-accident. This session will help you (a) act decisively and appropriately when there's a knock on your door and (b) develop an Accident Response Plan.

(Parking and Breakfast Included-Register Vehicle at Seminar)

You Will Learn:

• How to deal with the difficult or heavy-handed MOL Inspector
• What powers inspectors have during routine inspections and new search warrant powers for accident investigations
• The balance between cooperation and self-incrimination
• Strategies for responding to requests for statements from supervisors, managers, officers and directors
• The difference between confidential company accident reports and reports required by law
• How to shield third-party consultants' reports or internal accident reports from disclosure
• The importance of post-accident steps
• How to develop a proper Accident Response Plan
• What to expect from MOL Inspectors after Bill 168

The Program Will Cover:

Successfully Dealing with the Inspector: Routine Inspections and Investigations

• Working to avoid orders, stop work orders
• Working with the inspector to "get the order right" and ensure adequate compliance time
• Managing the balance between cultivating a relationship and co-operative stance, versus self-incrimination
• Appeals without repercussions
• Officially induced error: can the inspector erroneously approve an unsafe situation

There's An Inspector at the Door! The Balance Has Shifted

• Anatomy of a Ministry of Labour accident investigation- what to expect
• Powers of the inspector upon investigation: are they different from routine inspections?
• What a warrant can authorize the inspector and others to do
• The Ontario experience with search warrants
• Why change the law? Past problems with Ministry of Labour investigations

Making the Best of A Bad Situation:

• Initial Handling of the Accident Investigation
• Statutory obligations to preserve scene, cooperate
• Notification requirements and accident reports-statutory obligations
• Obstruction charges
• Establishing positive and informed point of contact for Ministry of Labour investigator
• Importance of point of contact maintaining privileged and confidential materials

Your Accident Report and Third Party Reports

• Ministry of Labour orders for expert advice
• Initiating your own investigation - key steps
• What if the Ministry of Labour asks for your internal report?
• Protecting confidentiality and privilege respecting your internal accident and expert reports
• Getting expert advice about causation and corrective steps
• Successful strategies for putting the best of your report and expert advice to Ministry of Labour
• Reports to the joint health and safety committee
• Solicitor client privilege and protection of confidential reports

Statements from Supervisors and Senior Management

• Is there a right to remain silent given the obligation to cooperate?
• Practical strategies for providing information but not signed statements
• Importance of cooperative stance for supervisors and senior managers
• Can a search warrant be used to require a supervisor or senior manager to put equipment in motion and provide incriminating information?

Searches With Warrant and Without Warrant

• What to do if the Ministry of Labour arrives with a warrant
• Seizure of company policies, procedures, training records
• Handling attempts to seize privileged and confidential reports and files, internal investigation, expert reports
• Searches without warrant: can you refuse to co-operate or refuse entry?
• Strategies to protect rights while providing information and documents
• Preserving right to make arguments respecting search and seizure violations at trial

Developing a Proper Accident Response Strategy

• Incorporating key post-accident steps into your accident response strategy
• Distributing a written Accident Response Plan to supervisors and managers
• Key contacts within Accident Response Plan - Precedent Accident Response Plan

Breakfast served from 8-9 a.m. Program commences promptly at 9 a.m.