By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) has released a new Directive that is for training OSHA representatives in communicating investigation procedures with family members following a workplace fatality. Communicating OSHA Fatality Inspection Procedures to a Victim’s Family, CPL 02-00-153.

The Directive seeks to “ensures that OSHA representatives speak to the

Continue Reading OSHA Issues New Directive on Communicating with Family Members Following Workplace Fatality

By James L. Curtis and Kerry M. Mohan

The U.S. Chemical Safety Board (CSB) recently announced its new policy regarding employee participation in the investigation of serious chemical accidents.  The CSB’s new policy provides ten new rights to employees:

  1. At unionized sites, the CSB will notify the facility’s union(s) of its plans to investigate.  At non-union sites, the CSB


Continue Reading Chemical Safety Board Expands Employee Participation In Investigations

By James L. Curtis

On February 8, 2012, the E.D. Wisconsin issued a decision in Solis v. Milk Specialties, Case No. 11-MC-72, finding that an internal “five year strat plan” for combustible dust hazards and an associated “Dust Report” were not privileged and therefore must be produced to the Occupational Safety and Health Administration (OSHA) in an ongoing OSHA

Continue Reading Wisconsin Federal District Court Rules that Internal Strategic Safety Analysis Done at Direction of In-House Counsel is Not Protected by Attorney-Client Privilege

By Brent I. Clark and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) has recently filed a complaint with the Occupational Safety and Health Review Commission (OSHRC) which it asserts “marks the second such time that the department has expressly sought enterprisewide relief from an employer.” This recent complaint was filed against the DeMoulas Super Markets (DeMoulas).

Continue Reading Foreshadowing a New Trend OSHA Files Another Action Seeking Enterprisewide Relief from an Employer

By Mark A. Lies II and Elizabeth Leifel Ash

Under the Obama Administration, many federal agencies, including the Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) have redoubled their efforts to enforce existing laws and regulations.  OSHA and EPA, in particular, have seen significant increases in their inspection and enforcement budgets, including the hiring of

Continue Reading Environmental And Workplace Safety Audits: Creating And Preserving Legal Privileges