Course Details

Defensible Safety Documentation: Ensuring Your OSHA Records Won’t Get You In Legal Hot Water

Webinar: ID# 1026409
Recorded On-Demand
About This Course:
If your records came under scrutiny by OSHA, MSHA, or your state’s equivalent, could they withstand examination by inspectors trained to spot compliance mistakes? And, if the records were being used to tell a story to a jury in a negligence or workers’ compensation case, how would they be interpreted?

Federal and state safety agencies require companies to maintain many different types of safety records, and safety managers need to be proactive in creating other forms of safety documentation, such as audits and JHAs, near miss reports, and root cause analyses. With so many records to track, minor recordkeeping mistakes can easily occur, which can lead to major consequences down the road.

When it comes to safety recordkeeping, having the right records on file is only half of the story. You must ensure the information contained in those records meets OSHA and other regulatory requirements and that your document storage and destruction practices pass legal muster. It’s also important to be proactive and review your strategy for creating and retaining safety records to gauge whether a reviewing agency could potentially use your actions as fuel for civil or criminal prosecution. Finally, it is critical to understand legal privileges that may be available to you for documents, and how to preserve privilege.

Join us when Adele Abrams, a skilled OSHA attorney and highly reputable safety professional, will reveal the top mistakes safety managers make regarding their documentation that can land you in legal hot water.

You’ll learn:
  • Best practices for creating safety documentation—and the key pitfalls to steer clear of
  • Strategies for document safety storage and destruction, whether you use paper or electronic records
  • When legal privilege applies to your safety records—and when it doesn’t
  • Which records must be produced during an investigation, and how quickly—and which records can legally be withheld
  • How to deal with documentation created by third party safety professionals or consulting experts
  • The proper way to respond to OSHA subpoenas and other document requests.
About Your Presenter:

Adele Abrams, Esq., CMSP
Attorney & Firm President
Law Offices of Adele L. Abrams P.C.

Adele Abrams, Esq., CMSP, an attorney, safety professional and firm president of the Law Offices of Adele L. Abrams P.C. is recognized as a national expert on occupational safety and health. Ms. Abrams heads a ten-attorney firm that represents employers and contractors nationwide in OSHA and MSHA litigation, and provides safety and health training, auditing, and consultation services. She is a Certified Mine Safety Professional, and a Department of Labor–approved trainer. Ms. Abrams is on the adjunct faculty of Catholic University in Washington, DC, where she teaches employment and labor law.

Ms. Abrams is also a professional member of the American Society of Safety Engineers, and is co-author of several safety-related textbooks. She is chair of the National Safety Council’s Business & Industry Division committee on regulatory and legal affairs. She is admitted to the Bars of MD, DC and PA, as well as multiple federal courts including the US Supreme Court.
Defensible Safety Documentation: Ensuring Your OSHA Records Won’t Get You In Legal Hot Water
or via On-Demand
Course Details
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