Seminar & Events

Event: There's an OHS Inspector at the Door!
Type: Half Day
Venue: Delta Toronto East Hotel
Seating capacity: 30
Cost: $ 295.00
Address:
2035 Kennedy Road
Scarborough, OntarioM1T 3G2
Presenters: Ryan J. Conlin and Jeremy D. Schwartz
Description:
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.




