Canadian Safety Reporter

JUNE 2013 Evidence needs safe storage location: Expert Continued from page 1 an unlicensed professional. Ontario's Private Security and Investigative Services Act defines a private investigator as "a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information." "It basically says that, subject to certain exceptions, you can't carry on as a security guard or a private investigator unless you're licensed under this act," he says. "There are some exceptions to it, like lawyers." "Given the really broad definition of a private investigator under the act, then the question comes up as to whether a safety consultant or a human resources consultant who is brought in to do a workplace investigation for a fee… would get caught because (of) the definition," he says. "It's very broad." Employers and consultants — especially those conducting investigations — may want to carefully consider who they pay to investigate workplace incidents. "(The definition is) broad enough that it could catch a person who is conducting an investigation even into an accident in a workplace or even a workplace harassment investigation," he says. All parties involved are going to want to question whether the individual is being hired to provide information and, if so, are they also doing it for remuneration," he says. "If the answer is yes and someone complains about it, then could you be seen to have violated this act?" he asks. Miedema believes inside employees would be safe from any charges because they would not be charging for the specific tasks. External consultants are a different story. "An outside consultant… who does an investigation for a fee, is clearly doing it for remuneration and proba2 bly conducting an investigation to provide information," he says "It seems to me that there's a fairly high chance that they would be caught." Hiring outside help When an organization is looking to hire a private investigator, reputation is key, says Chris Menary, owner of Menary Group, a security and risk consulting agency in Toronto. Ideally, organizations should be looking at investigation companies that have been around for 10 or 15 years, he says. "You should be looking for an agency that has diverse corporate clients," he says. "So, any disputes of labour, any disputes in branding, litigation and divorce, settlements, accidents, criminal proceedings." Organizations shouldn't be afraid to ask to see their investigation license, which is provincially governed. "People don't realize that that there are guidelines in each province about handling evidence," he says, adding the longer an investigator has been in business, the more likely the cost is going to increase. "The average rate can go from $85 an hour to $250 an hour," he says. "My rate is $250 an hour based on my experience, based on my knowledge and expertise… Mine would be researching information and obtaining that information because a lot of investigators don't know where to start." Employers should also ask where the investigator stores the information he gathers. It's important the employer can prove the information hasn't been tampered with. "When you're taking statements or notes and taking pictures, that's all evidence and you have to have a proper off where this stuff can be locked up and no one can get access to it," he says. "Remember, the investigator's going to be your witness that you have to call at some point — either to maybe a mediation or maybe a case before the courts. The investigator has to prove continuity of all that evidence, how that evidence was stored and kept for the case coming up." Menary encourages his clients to follow up on the progress of the investigation because it creates a better working relationship, he says. Clients should know how the investigation is proceeding. "I always say an investigator is only as good as his next question," Menary says. Canadian HR Reporter, a Thomson Reuters business 2013

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