The Limitations of Legal Professional Privilege in Mine Health and Safety Inquiries

Section 11(5) of the Mine Health and Safety Act (MHSA) obliges every employer in the mining industry to investigate all reportable accidents and identify the underlying causes of the accident. Often, the employer engages third-party experts to conduct the investigations through the employer’s legal representatives in order to claim legal privilege over these reports. This raises the question whether a presiding officer can compel the employer to disclose a report during a mine health and safety inquiry.