Comments on: What You Don’t Tell Your Workers Can Hurt You http://www.safetyxchange.org/compliance-risk-management/dont-workers-hurt Putting Safety First Sun, 29 Jan 2012 04:58:22 +0000 http://wordpress.org/?v=2893 hourly 1 By: michael.chappell@ontario.ca http://www.safetyxchange.org/compliance-risk-management/dont-workers-hurt/comment-page-1#comment-286 michael.chappell@ontario.ca Mon, 13 Jul 2009 13:28:39 +0000 http://www.safetyxchange.org/?p=7418#comment-286 I just want to clarify the last paragraph of the article with respect to Search warrants and when they are required in Canada.. In Ontario, Canada an investigator does not need a search warrant to undertake an investigation, and employers would be at risk of being charged with hindering and obstructing an inspector if they refuse entry or in some way limit the inspectors investigation. A search warrant becomes necessary only when an investigator reaches a state of mind where they have "reasonable and problem grounds" (RPG) that an offence has been commited by the employer. In that case the investigator must apply for a search warrant to continue the investigation. Although it may often seem likely that a conclusion could quickly be reached regarding an offence, and a warrant would be needed, it is the personal judgment of the investigator (subject to court scrutiny) that determines when RPG occurs. For an investigator to reach this state of mind they must have determined and verified the elements of the offence, and all factors that fit into the proof of the violation. This may require statements and evidence from several sources, as well as physical evidence, or testing by an outside party. Michael Chappell Provincial Coordinator Construction Health and Safety Program Ontario Ministry of Labour I just want to clarify the last paragraph of the article with respect to Search warrants and when they are required in Canada..
In Ontario, Canada an investigator does not need a search warrant to undertake an investigation, and employers would be at risk of being charged with hindering and obstructing an inspector if they refuse entry or in some way limit the inspectors investigation.
A search warrant becomes necessary only when an investigator reaches a state of mind where they have "reasonable and problem grounds" (RPG) that an offence has been commited by the employer. In that case the investigator must apply for a search warrant to continue the investigation.
Although it may often seem likely that a conclusion could quickly be reached regarding an offence, and a warrant would be needed, it is the personal judgment of the investigator (subject to court scrutiny) that determines when RPG occurs. For an investigator to reach this state of mind they must have determined and verified the elements of the offence, and all factors that fit into the proof of the violation. This may require statements and evidence from several sources, as well as physical evidence, or testing by an outside party.

Michael Chappell
Provincial Coordinator
Construction Health and Safety Program
Ontario Ministry of Labour

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