Operating with professional ethics is critical for OASYS to establish and maintain a positive reputation with our clients and our peers in the consulting business. New clients are sometimes uncertain about what to expect from a consulting relationship. This article will discuss the 6 phases of consulting followed by OASYS Safety Consulting Inc. and describe the professional ethics that we practice.

OASYS follows the 6 phases of consulting developed by Lippitt & Lippitt.

1. Initial Contact – this is the first meeting to learn about a client’s needs, to explain the consulting services available, followed by a proposal to the client.
2. Contract Formulation and Relationship Establishment – describing the scope of work to be performed and the work methods. The scope of work written in a contract for services defines the expectations of both parties and minimizes the possibility of mistaken understanding or actions.
3. Problem Diagnosis – stakeholder interviews, examining relevant documentation, conduct research and/or visual inspection to analyze the issues.
4. Setting Objectives and Plans for Action – prepare a report and list potential solutions and how they can be achieved.
5. Implementation – assist the client with the execution of action plans as required.
6. Closure – ending the consulting relationship whenuntil the client seeks no further assistance.

Frequently Asked Questions (FAQs)

Why would a client engage an occupational health and safety consultant?
Generally, when the client lacks the resources, such as manpower or the expertise required to do the work. It is cost effective and brings objective views to the issue.

What makes OASYS different from other safety consulting firms?
OASYS provides clients with complete results based safety services. These services provide the client with a complete corporate safety department without all the hassle and overhead costs associated with an in-house safety department. OASYS ensures the client receives the right safety talent for the situation. In addition, the client pays no retainer fees.

What steps must a consultant take to ensure a "high level of care" to the client?
A consultant exercises a “high level of care” by possessing regulatory awareness, by having recognition of industry standard practices, by applying current professional beliefs and demonstrating personal integrity to ensure the highest attainable standards are maintained.

What are the consultant's ethical duties to the client?
To possess up-to-date professional skills; to provide honest, accurate and complete proposals, estimates and evaluations; to do a realistic appraisal of qualifications and experience for diverse safety assignments before undertaking the work; and to accept responsibility for one’s own actions. This is guided by the Code of Ethics for Canadian Registered Safety Professionals (CRSP) and by the Code of Conduct set out for the Certified Health and Safety Consultant (CHSC) designations. Both OASYS partners strictly adhere to these professional guidelines.

How would a consultant be negligent in his duties?.
Negligence is caused by fraudulent representation of skills and qualifications, and through a breach of confidentiality.

How would a conflict of interest arise?
When the consultant’s interests are adverse to the client’s interests; i.e. has something to gain at the expense of the client. When the consultant’s obligations to the client are adverse to the consultant’s obligations to a third party (i.e: profit from recommending a specific product). What is the standard of care an occupational health and safety consultant should offer? How is that standard measured? The general standard of care is “what a reasonable man would do in the same circumstances”, and for a Certified Health and Safety Consultant it is “what a competent peer would do”. This standard is measured objectively, not subjectively, and must conform to the law of negligence.

What factors must a consultant consider in determining whether it is appropriate to enter into a client - consultant agreement?
a) a risk assessment to determine personal capability in meeting the scope of work, and a review of client philosophy, b) principles of a contract, such as mutual intent and being a legal subject matter, c) terms of contract, setting out the specific conditions, and d) ensuring the consultant’s interests are not adverse to the client’s interests.

What is the purpose and importance of including a disclaimer on the use of a consultant’s report?
The purpose of a disclaimer is to identify the limitation of the consultant’s liability. The importance of a disclaimer is to inform the client about any limitations of the report contents, e.g. indicates the intent of the report and what it may and may not be used for. This protects both the client and the consultant from any misunderstanding about the usage of the report.

What are the means of ensuring the confidentiality of a report?
a) By establishing a relationship of privilege with the client’s legal counsel; b) By specifying limited circulation of the report; c) By limiting the number of copies made of the report; d) By identifying in the disclaimer who the report is intended for; and e) By having effective control over documentation and data related to the report.

What is privilege? When can/can't it be used and why is it important?
Privilege is when a witness may validly claim not to answer questions or to supply information relevant to the determination of an issue in legal proceedings. Privilege can only be used in provision of legal advice in the course of litigation. Only lawyers can create privilege for a client. Privilege is not to be confused with confidentiality under contract law.

How is privilege created by a consultant?
A consultant can only claim privilege when his services are retained by a lawyer under the principle of privilege.