Home Forums Community “13 DOS & DON”TS for Assessing Evidence from Investigations (taken from OHS Insider July 2019) #5 of the DON”TS is “Do not ask for signed statments from witnesses”. My question is this. If the matter you investigating ends up in court would the witness statement be admissible as it would be deemed hear say without a signature. What are your thoughts on this.

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  • vickyp
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    vickyp
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    Yes, the witness statement would be inadmissible as hearsay if it isn’t signed and dated.

    The article was written 3 years ago by somebody other than me and it’s based on what was then new guidance from WorkSafeBC on incident investigations. If the story was for a lawyer on preparing for litigation, the DON’T wouldn’t make any sense; but in the context of an incident investigation carried out by an EHS manager, it makes sense since you don’t want to scare witnesses from providing the info you need to determine what happened. If the incident were to lead to a full legal investigation and prosecution, the lawyers would descend and start taking sworn, signed and dated statements. Great Q and I hope I answered it. Glenn

    vickyp
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    Thanks Glenn for your clarification. However, there are some bothersome things to not requesting signed statements from witnesses at the time of an incident involving injury in Ontario. The MOL time frame for bringing charges is up to one year from the date of an incident/injury and most companies would only involve a lawyer if the MOL starts an investigation. Signing and Dating an eye witness statement 6 to 7 months after an incident involving injury to my mind is not a good practice.

    vickyp
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    Melvin: I totally agree with you. And so does my friend and OHS lawyer Ryan Conlin, who’s a member of our board. Here’s an excerpt from a piece in which he’s quoted as suggesting getting witnesses to sign (see last sentence:

    “Following this, it is necessary to speak to any and all witnesses to the incident. This not only means speaking to those who were present at the time of the incident, but also those who may have information that can round out what may have happened. These potential witnesses include those with the same job or role as the injured party, any supervisors or trainers, or those who have relevant health and safety-related knowledge, Warning says. As an added step, Conlin suggests getting each witness to sign his or her statement.”

    As I noted in my previous reply, the article was written 3 years ago by my predecessor and it comes right out of the WorkSafeBC guide book. I’m not sure what WorkSafeBC had in mind; my guess is that they suggested it to make witnesses feel at ease. But with all due respect, I think it’s bad advice and agree with you and Ryan. I appreciate your bringing this to my attention. Just out of curiosity, are you a lawyer’ It sounds like you have some legal training. Glenn

    vickyp
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    Hi Glenn, No, am not a lawyer, I am a safety officer with a passion for health & safety of all workplace parties and I pay close attention to the law/regulations pertaining to health & safety. Health and safety is not stagnant so health & safety professionals must love reading including OHS court cases.

    vickyp
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    Post count: 3649

    Awesome! Keep up the good work and let us know if there are other legal issues you need help with.

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