Minimizing OSHA Liability Through Voluntary Safety and Health Audits | Practical Law

Minimizing OSHA Liability Through Voluntary Safety and Health Audits | Practical Law

This Practice Note explains how private employers can minimize liability under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations through voluntary audits of the employer's safety and health policies and practices, including COVID-19 policies and procedures. It discusses the Occupational Safety and Health Administration (OSHA)'s policy on voluntary self-audits and how employers can minimize OSHA liability by proving the unpreventable employee misconduct defense, preventing willful citations, and avoiding citations under OSHA's Multi-Employer Citation Policy. This Note also discusses protecting audit reports from disclosure under attorney-client privilege and the work product doctrine and best practices for employers conducting voluntary audits.

Minimizing OSHA Liability Through Voluntary Safety and Health Audits

Practical Law Practice Note 5-518-9206 (Approx. 20 pages)

Minimizing OSHA Liability Through Voluntary Safety and Health Audits

by Melissa A. Bailey, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., with Practical Law Labor & Employment
Maintained • USA (National/Federal)
This Practice Note explains how private employers can minimize liability under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations through voluntary audits of the employer's safety and health policies and practices, including COVID-19 policies and procedures. It discusses the Occupational Safety and Health Administration (OSHA)'s policy on voluntary self-audits and how employers can minimize OSHA liability by proving the unpreventable employee misconduct defense, preventing willful citations, and avoiding citations under OSHA's Multi-Employer Citation Policy. This Note also discusses protecting audit reports from disclosure under attorney-client privilege and the work product doctrine and best practices for employers conducting voluntary audits.