Issue link: http://palletcentral.uberflip.com/i/921113
palletcentral.com PalletCentral • November-December 2017 33 Remember: the universe of documents at issue includes both paper and electronic – internal and external communications. Even if a hard-copy document is destroyed, it may "live on" by being stored electronically on a server or someone's thumb drive, and any discovery efforts by OSHA will need to be met with a thorough search of all storage media. OSHA may also seek documents from persons who may have been on the receiving end of memoranda, as well as from management personnel who are no longer with the company and may have kept copies of key correspondence, inspection reports or other essential documents. If removal of company documents (hard copy or electronic versions) is forbidden at the termination of employment, this should be clearly stated in employee handbooks. Finally, make sure to clearly label any privileged documents as such, and to avoid inadvertent production and waiver of the legal privilege. While there is no "consultant-client" privilege, some third- party safety and health audits may be protected as "attorney work product" (if, for example, an audit is conducted and a report prepared by the consultant at direction of counsel, and if the documents are managed with limited distribution to a small group of key executives). Communications with an attorney arising out of legal matters (such as responding to an accident or developing strategy to address OSHA citations) will be protected under attorney-client privilege, as long as the communications are not shared with third parties. Employers need to identify, up front, which OSHA standards' recordkeeping requirements apply to them, determine the period that records must be maintained under the applicable OSHA rule, and then define whether any extended retention period is warranted. Whatever rules for document retention (and destruction) are adopted, they need to be followed consistently. PC Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at 301-595-3520 or www.safety-law.com. Tr a i n i n g R e q u i r e m e n t s i n O S H A S t a n d a r d s Training requirements are the most complex to document and track, and OSHA has a 270-page handbook that lists scores of standards that have some mandate for training. Visit: http://bit.ly/1IlIaxo.