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You are working at a manufacturing facility where employees have signed a workplace contract agreeing to a search of their person and parcels prior to exiting the building. An employee is leaving at the end of their shift. You ask to search them and they refuse to allow you to perform the search. What should you do?

  1. Search them under the authority of the Trespass to Property Act.

  2. Do not search them, advise them it is the company policy to search all employees and request they await a facility manager.

  3. Arrest them on the reasonable and probable grounds of having stolen something.

  4. Insist that they submit to a search by reminding them that they have signed a contract to that effect.

The correct answer is: Do not search them, advise them it is the company policy to search all employees and request they await a facility manager.

The best course of action in this scenario is to not search the employee and instead explain that it is company policy to search all employees, while requesting that they wait for a facility manager. This approach respects the employee's rights and maintains a professional and transparent process. The refusal of an employee to be searched indicates a potential concern or apprehension, and insisting on a search could escalate the situation unnecessarily. By deferring to a facility manager, you ensure that the situation is handled by someone with potentially more authority and experience in managing such occurrences, thereby reducing the risk of confrontation and legal implications. This action embodies good practice in health and safety management, respects employee rights, and adheres to the principles of due process within the workplace environment.