Insights

Check out the latest issue of FactFinders. In this edition we offer some internet tips and tricks for investigators and provide news about Benard + Associates new Ottawa office and our educational offerings. Our goal in publishing our newsletter is to to offer some ideas and thoughts to our clients and colleagues that will promote thought and discussion about the work we do.....and of course self promotion!

I'm a little late with this one but I wanted to send out a thank you to the Ontario Centre for Forensic Science (CFS). On May 3, 2011 Benard + Associates sponsored an educational event for our regulatory clients. CFS very kindly provided two excellent educational seminars on document analysis and DNA. The feedback on the presentations and the event on the whole was excellent. There are many ways in which forensic science can aid in regulatory investigations and Benard + Associates has been a leader in introducing and encouraging its use where appropriate.

I had the pleasure of speaking at the National Council of State Boards of Nursing (NCSBN) - Attorney Investigator Conference last week in Chicago. The NCSBN has sixty member boards covering all of the United States. Their collaborative mandate is to ensure public safety through the regulation of the nursing profession. I was very impressed with the attendees of the conference and their keen interest in their own professional development and trends in nursing regulation.

When conducting investigations in a regulatory or workplace context we find more frequently that access to computers and laptops is required to gather information relevant to the issues being investigated. Often investigators and employers have assumed the computers are the property of the employer, are to be used for work related matters and therefore the employer should have unfettered access and be able to consent to access by third parties. A recent ruling of the Ontario Court of Appeal changes these assumptions dramatically.

On May 25, 2011 Dean will be speaking at the National Council of State Boards of Nursing Attorney / Investigator Conference on the topic of Protecting Investigations from Allegations of Impropriety and Incompetence. For more information on the conference click here

The issue of workplace violence continues to make the news. Recently a study titled Workplace Violence and Harassment: A European Picture published by the European Agency for Health and Safety at Work. Agency Director, Jukka Takala stated, “Both violence and harassment represent serious but under-reported threats to the safety and wellbeing of workers in Europe”. There is debate in various countries around the world about the need to legislate obligations for employers to establish programs focused on reduction of workplace violence and harassment.

Workplace conflict and allegations of poisoned work environments can happen anywhere as a recent news story demonstrates. The Human Rights Tribunal in Ottawa, Ontario is currently dealing with allegations from several staff and managers of a toxic workplace and harassment in the workplace. Even in an  organization with a mandate to assist others in resolving conflict the ugly realities of today's workplace can take hold. Nobody is immune from being exposed and drawn in to workplace conflict.

In a 2010 survey completed by the Workplace Bullying Institute it was found that thirty-five per cent of Americans are experiencing workplace bullying firsthand while an additional fifteen percent report witnessing it. Based on the work we do at Benard + Associates these statistics are no surprise. We have observed a steady flow of reported incidents where bullying and harassment are alleged.

On April 27, 2011 Dean will be speaking on the topic of undertaking regulatory investigations and gathering evidence at the 15th Annual Professional Regulation and Discipline Conference held by Infonex.   

This article demonstrates some of the fundamental challenges faced by regulators to stay relevant. Some provinces are ahead of BC while others struggle to establish themselves and build the confidence of the public. The challenge faced by any regulator is to ensure their processes are fundamentally fair and unbiased. Most people can live with any outcome as long as it was reached through a process they trust. Self-regulation by its very name is a magnet for criticism and regulators will need to be vigilant to ensure they address public concerns.