Why Letting Lawyers Be “Support Persons” in OHSA Interviews Is Like Letting Foxes Guard the Henhouse

(A cautionary tale for third-party investigators who value their sanity)

Let’s get one thing straight: an Occupational Health and Safety Act (OHSA) investigation interview is not a courtroom, and the investigator is not auditioning for Suits. It’s a fact-finding exercise — not a sparring match between counsel, case law, and caffeine.

Yet, every so often, a complainant will stroll into their interview with their lawyer in tow, introducing them sweetly as their “emotional support person.”

Cute. Except it’s not. At. All.

Worse, you get an email from a lawyer telling you that you are only to communicate with them even when trying to interview their client, the complainant; who initiate the third-party investigation in the first place.

Let’s cut to the chase: when your “emotional support person” also happens to be the same lawyer representing you in a separate constructive dismissal claim against your employer, we’ve officially crossed from supportive presence into strategic ambush. Not funny. Not helpful.

The Fine Print Nobody Reads (But Investigators Should Tattoo on Their Forearms)

Sure, under the OHSA, employees are allowed a support person. But that person is meant to be someone who, you know, provides support — like a friend, family member, or trusted coworker — not someone who bills by the hour and carries a briefcase full of objections and breath mints.

A lawyer in this context isn’t just a support person; they’re a walking, talking conflict of interest. Their job is to advance their client’s legal case, while the investigator’s job is to find facts objectively. Those two missions go together about as well as oil and holy water.

How to Spot the “Helpful” Lawyer in the Wild

They’ll say they’re “just here to observe,” but watch closely. The moment your questions get too close for comfort, the lawyer might:

• Clear their throat dramatically. (Translation: Don’t answer that.)
• Pass a note across the table. (Say it’s confidential! Say you don’t recall!)
• Lock eyes with their client in a silent Morse code of objection.
• Or worse — breathe audibly with intent.

This, dear investigators, is when you channel your inner traffic cop and slam that metaphorical stop sign on the table.

The Investigator’s Sacred Right: To. Stop. The. Interview.

If a lawyer “support person” (insert eye roll) so much as inhales disruptively, you have full authority — nay, I dare say, the duty — To. Stop. The. Interview. Politely, of course (we’re professionals), but firmly, something along the lines of:

“Lawyer Support Person”, I just want to remind you that your presence here today is as a silent emotional support person. If you continue to participate in the interview, we will need to stop the interview and reconsider your attendance.”

Translation (for lawyer purposes): Pipe down or get out.

Remember, this is your process. You are the investigator. OHSA investigators aren’t required to let anyone derail their neutral fact-finding. You can — and should — establish clear ground rules before you begin the interview: no interruptions, no interjections, no legal advice mid-interview, and absolutely no supportive coughing fits.

The Smarter, Saner Solution

Encourage the complainant to bring someone else — a trusted friend, a family member, maybe even their dog’s obedience trainer. Just not their litigation counsel.

They can (and should) consult with their lawyer before and after the interview. But during it? It’s investigator territory, baby. Neutral. Focused. Unlawyered.

Because once the interview room turns into a mini-trial, everyone loses — except maybe the lawyer, who’s now clocked another billable hour or two.

Final Verdict (No Gavel Required)

Letting a lawyer act as a “support person” in an OHSA interview is like inviting a chess grandmaster to “quietly observe” a checkers game. Before you know it, they’ve flipped the board and declared victory.

Investigators: guard your process like it’s sacred ground.
Lawyers: stay in your lane (or at least in your office).
And employees: choose your emotional support person wisely — preferably someone who doesn’t come with a retainer agreement.

Moral of the story:

If the “support person lawyer” even dares to speak, cough, wink, pass a note, or breathe suspiciously, stop the interview immediately. You’re not being dramatic — you’re preserving the integrity of your investigation (and your blood pressure).