Understand the laws and regulations applicable to safety and health audits and how to avoid legal pitfalls.
Workplace audits carry a number of benefits, such as identifying potential violations in advance of inspections, bringing an objective viewpoint to identify opportunities to improve safety processes, or benchmarking certification with a consensus standard such as OHSAS 18001 or ISO 14000. But if not properly managed, or privileged where applicable, audits can create an incriminating paper trail that can substantiate violations, heighten liability for negligence, and even trigger criminal prosecutions.A number of OSHA standards require inspections that could be characterized as audits, including the walking/working surfaces rule, the PPE hazard assessment rule, and more detailed requirements under the process safety management (PSM) and hazardous waste operations and emergency response (HAZWOPER) standard. But regulations are minimum standards; by themselves, they do not ensure a safe workplace. For companies that seek to exceed minimum compliance, audits that go beyond required inspections can be an important tool to identify gaps and improve safety performance. This program will address the distinctions between formal audits (including self-audits, third party, and insurance company programs), inspections and workplace examinations. This presentation will address the benefits of each type, the legal exposures, and best practices for implementing a legally effective audit program that will protect workers.Learning Objectives
- You will be able to define OHS audits and different approaches.
- You will be able to describe distinctions between audits, inspections and examinations.
- You will be able to discuss the legal pros and cons of voluntary audits and those mandated by contract or regulation.
- You will be able to explain under which conditions audit reports can be privileged and when they must be disclosed and can be used by OSHA against the employer.
Agenda
Overview- Types and Distinctions Between Audits, Inspections and Examinations
- Benefits of Audits
- Legal and Contractual Issues With Audits
- Definition of Audits
- Types of Audits - Self-Audit v Third Party
- Audits and Documentation
- Auditing at Direction of Counsel
- In-House v. Outside Counsel Privilege Issues
- Self-Evaluative Privilege
- Insurance Company Audits
- OSHA Policy on Self-Audits
- Use of Subpoenas
- General Duty Clause and Audits
- Statutes of Limitations
- Document Retention and Destruction Policies
- Final Recommendations
Speaker
Adele L. Abrams, Esq., ASP, CMSPLaw Office of Adele L. Abrams P.C.
- Senior Counsel, Littler Mendelson PC, Washington, DC
- Represents employers in OSHA/MSHA litigation nationwide
- Author of multiple safety textbooks and regular columnist on OHS issues
- Certified Mine Safety Professional and Associate Safety Professional
- Professional Member, American Society of Safety Professionals
- JD Degree, George Washington University; BS degree, University of Maryland, College Park (Go Terps!)
