It’s important to do investigate illnesses, injuries and incidents to determine why they occurred and how to correct the situation to prevent further problems. Unfortunately, the frank assessments you make in these incident reports can be turned into evidence against you by OSHA inspectors and prosecutors.
One of the most effective ways to resolve this problem is by ensuring incident reports and other internal audits are protected by the attorney-client privilege. Here’s a memo showing how to ask your attorney for advice that you might want to keep confidential from OSHA and trial lawyers.
HOW TO USE THE TOOL
You can adapt the approach of this memo when seeking advice from your own attorney.
In this example, a company wants its attorney opinion on whether the company’s emergency response plan measures up to OSHA standards and, if not, what changes should be made. The attorney’s response might point out current violations of OSHA standards by the company so the company would obviously like to keep it confidential.