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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...