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Attorney-Client Privileged Audits and Investigations and OSHA's Self-Audit Policy
Presented by Kate McMahon, Micah Smith, Nick Scala, and Beeta Lashkari

Safety and health audits and accident or near-miss investigations are invaluable tools to identify hazards at a workplace and improve safety, but what happens when a government regulator demands copies of the reports and/or recommendations from the audit or investigation? When not done carefully or under attorney-client privilege, audit and investigation reports can serve as admissions and/or a roadmap for OSHA and MSHA investigators or plaintiffs’ attorneys regarding areas of non-compliance. This in turn can create a disincentive for employers to audit their facilities.

This webinar will explore the benefits of conducting audits and investigations at the direction of counsel so as to improve safety and compliance while also protecting the company and management from adverse use by 3rd party litigants or regulators. We will review audit and investigation and report-writing strategies and best practices. We will also review OSHA’s policy on self-audits and the reality of OSHA’s use of voluntary self-audits during inspections. And we will review best practices to manage MSHA’s unlimited lookback period for enforcement.

Participants in this webinar will learn about:

• Implementing attorney-client privileged audit programs and investigations
• Maintaining privilege over results of audits and investigations, while still effectively implementing findings
• How OSHA, MSHA or 3rd party litigants can use self-audits and inspections against an employer
• OSHA and MSHA statute of limitations and policies on lookback for audit and incident and/or near miss reports

Sep 22, 2020 01:00 PM in Eastern Time (US and Canada)

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Speakers

Kate McMahon
Partner, OSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Kathryn M. McMahon is a partner in the national OSHA • Workplace Safety Practice Group of Conn Maciel Carey LLP. She focuses her practice in the areas of occupational safety and health (OSHA) law and environmental law. Ms. McMahon helps clients manage incident and fatality inspections, and litigation related to alleged violations by federal OSHA and state OSHA programs. She also represents industry stakeholders in all aspects of OSHA rulemaking, including proposed rules regarding silica, injury and illness recordkeeping, hexavalent chromium, and beryllium, among others.
Micah Smith
Partner, OSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Micah Smith is a Partner in the national OSHA • Workplace Safety Practice Group of Conn Maciel Carey LLP. He focuses his practice in the areas of occupational safety and health (OSHA) law. Mr. Smith represents clients in the full range of OSHA-related matters across a wide range of industries, and works with his clients to identify safety and health strategies that both increase employee safety and improve business performance.
Nicholas W. Scala
Partner and Chair, MSHA • Workplace Safety Practice @Conn Maciel Carey LLP
Nick Scala is a Chair of the national MSHA • Workplace Safety Practice at Conn Maciel Carey. He focuses his practice on issues involving mining safety and health law, representing mining companies, on both the surface and underground, independent contractors and cement manufacturers. Mr. Scala represents and advises clients in all phases of involvement with the Mine Safety and Health Administration (MSHA), particularly guiding companies through MSHA investigations and challenging enforcement and jurisdiction by the agency. Prior to representing the mining industry, he worked as a miner and he is a Certified Mine Safety Professional through the International Society of Mine Safety Professionals.