Witness Preparation

The following is from the COAA Incident Reporting and Investigation Guideline.

The Construction Owners Association of Alberta is the source of this Guideline, and any reproduction in this newsletter is not represented as an official version of the information, nor is it produced in affiliation with, or endorsed by the Construction Owners Association of Alberta.

When preparing witnesses to participate in a formal interview with government investigators it is appropriate to discuss the interview process with those witnesses and prepare them for the nature of the questions they are likely to be asked. Additionally, it may be helpful to remind them of some key “Do’s and Don’ts” for answering investigation questions. The following information may assist company personnel in preparing witnesses for such interviews.

A. Tell the truth

• Be both truthful and accurate.
• It is an offence under the OHS Act to knowingly provide false information to an OHS
  officer or to refuse to provide information to that officer.

B. Make sure you understand the question asked to ensure a quality answer

• Do not answer unless you fully understand the question.
• Listen to the entire question before answering; take time and think through your answer before articulating it; never rush; always finish the answer (even if interrupted/sidetracked, return to your answer before proceeding to the next question).
• If the question is long, complicated, or confusing, ask for clarification.
• Do not concern yourself with where the questioning is leading; concentrate on the
  question asked and provide an accurate and complete answer to that question.

C. Do not guess or speculate in order to answer a question

• Do not guess at the meaning of a question.
• If you do not know the answer, say “I do not know”; if asked to estimate something, only do so if you have the required knowledge/information. If your estimate would still be a guess, answer that you are unable to estimate.
• If you cannot remember or do not know, say “I do not remember” or “I do not know”; it is extremely risky to answer questions based upon assumption rather than memory or
  knowledge.

D. Focus your answer on the question asked and answer it succinctly

• Answer the question asked and none other; give a complete answer, but in order to avoid any misperception, do not discuss any information not required by the question.
• If the question can be answered with a simple “yes” or “no,” do so unless a “yes” or “no” would result in a misperception.

E. Be polite but firm

• Don’t be sarcastic or lose your temper and always be professional.

F. Documents (practice the following to ensure only accurate information is provided)

• Do not independently offer to provide documents; refer any requests for documents to the appropriate company representatives or counsel.
• Do not answer questions about a document unless it is before you and you have been
  given a full opportunity to read it; obtain a complete copy of the document, not selected
  parts.
• If provided with a document, read it carefully before answering questions about it; take
  your time, read at whatever speed is comfortable for you; keep the document in your hand and refer to it as necessary while answering questions about it.
• If the interviewer suggests that the document states a certain fact, always check first to see whether it, in fact, does before you answer.
• If you are not qualified to comment on a document or to answer a specific question, do
  not attempt to do so.

G. Breaks/consultation

• Anytime you wish to take a break, simply ask for one.
• Should you require some form of counsel during an interview you may make a request to take a break in order to seek that counsel.
  

Back to Articles