Health & Safety: Protection Of Internal Investigation Reports Through The Assertion Of Solicitor-Client And/Or Litigation Privilege

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Health & Safety: Protection Of Internal Investigation Reports Through The Assertion Of Solicitor-Client And/Or Litigation Privilege

After a workplace accident, injury or fatality, it is quite common for employers to initiate an internal investigation, usually for the purpose of trying to figure out what went wrong and how to avoid a similar incident in future. While conducting an internal investigation is laudable and often advisable from the perspective of maintaining the employer's due diligence, such investigations can give rise to certain legal risks for the employer. One such risk is that in a subsequent prosecution of the employer under health and safety ...

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