Board Suspends Order for Disclosure of Possibly Privileged Incident Report

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After a skier died at a resort, it completed a “National Ski Area Accident Report,” which the OHS inspector demanded. The resort refused, claiming the report was prepared in contemplation of litigation and thus privileged. So the inspector issued an order for the report. The Labour Relations Board suspended the order. Doing so didn’t endanger workers. If the report was privileged, its disclosure now would seriously prejudice the resort. And there was no evidence that contradicted the resort’s claim of privilege, said the Board [Blue Mountain Resorts Ltd. v. Ahrens, [2010] O.O.H.S.A.D. No. 39, March 19, 2010].