The purpose of this session is to provide in-house counsel with an understanding of the duties and responsibilities of senior management under the Occupational Health and Safety Act (OHSA) and the Criminal Code, as well as an understanding of how to respond after accidents. The internal responsibility system will be reviewed with particular focus on the obligations of supervisors, senior managers and directors.
In this session we will:
- Review and provide an update on recent case law, including the Blue Mountain decision.
- Discuss Bill C45 amendments to the Criminal Code and their application to management.
- Canvas the role of in-house counsel in interviewing and advising witnesses: obligations to cooperate with inspectors under the OHSA, whether to volunteer information, as well as preparing employees to be interviewed by an inspector.
- Discuss the appeal of orders and the use of warrants under the OHSA.
- Review the Rules of Professional Conduct in view of joint retainers when both the employer and individuals are charged.
- Provide an overview of the trial and guilty plea process.
This program has been accredited by the Law Society for 0.75 Professionalism Hour