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Root Cause Analysis Must Be Produced Where Not Substantively Different from Analyses Prepared in Ordinary Course of Business

An Arizona federal court granted a motion to compel production of a Root Cause Analysis Report (“Report”) prepared by a third party at the request of the owner of an electric power station generator that failed.  Following the generator’s failure, the owner’s general counsel emailed two senior managers in the company instructing them to retain a third-party investigator to conduct a...

Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule

OSHA’s new rule on electronic reporting requirements (the “Rule”) takes effect on January 1, 2017 (for a summary of the Rule, check out our previous post).  In addition to imposing requirements for electronic submission of certain injury and illness reports, the Rule includes three anti-retaliation measures.  A group of trade associations, workers compensation providers, and other...

Key Considerations for Post-Incident Media Response

In today’s world, news of a corporate disaster or fatal injury travels fast.  In less than a minute from the time an incident occurs, media phone calls begin.  There are countless recent examples of how companies have botched initial post-incident communications in such a way that their actions have led to devastating consequences, from inviting political attacks or litigation to...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

Process Safety Reminder: Close Out Prior Investigations’ Findings And Recommendations

The process safety of Washington, D.C.’s public rail transportation system is under criticism following another derailment earlier this month.  According to The Washington Post, the track problem that caused the latest derailment had been detected a month earlier but had not been fixed.  The organization’s interim general manager said, “I don’t want to mince...

Review Confidentiality Agreements For Potential Whistleblower Stifling

The Securities and Exchange Commission announced yesterday its first enforcement action against a company using alleged improperly restrictive language in confidentiality agreements with the potential to prevent the whistleblowing process.  The SEC charged a company with violating the whistleblower protections of Rule 21F-17, enacted under the Dodd-Frank Act, for requiring employees in...

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