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Workplace Safety and Health Law Blog

Posts in internal investigation.

Third edition of my effort to summarize certain important employment law, OSHA, and labor developments, news and practical insight. I also include references to books and podcasts that you may find useful in becoming a better manager and addressing labor and employment challenges, as well as personal development. This week's edition has three pages of comments from readers and interviews in Part 2.

At the end of the May 12th ASSE-Georgia’s Health and Safety Professional’s Conference, we had 30 minutes of spontaneous Q&A about the use of Attorney Client Privilege and Work Product Protection for safety audits and accident investigations. Even sophisticated employers remain confused about when and how to use the protections afforded by Attorney Client Privilege and the Work Product Doctrine. Employers may believe that simply sending an audit to their counsel will result in the audit being protected. Likewise, some employers believe that if their counsel retains an expert, the expert’s work and report will automatically be protected. Other employers believe that their counsel can after the fact treat a document as privileged when the employer sent that document to the attorney after its creation.

Fran Sepler recently posted an insightful blog, “I’m Sort of Sorry: Coaching the High Level Harasser” discussing coaching a high-level performer regarding harassment, poor behavior or insensitivity. It takes wisdom and experience to deal with an executive who controls valuable business or can fire you if your message is displeasing.

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