As a safety/OSHA/WH&S lawyer, we see things and have perspectives on what we see the average person doesn't (at least we should). I'm guessing most of my Ogletree Deakins workplace health and safety team member colleagues get to see place and things the "average bear" never sees and we "see" things a lot of folks don't (and yes, I can see the boogie man in the shadows). This picture is a prime example, shared by a friend- the exit and no exit sign for the same passageway (I'm not sure I would call it an exit given the confusion about whether it is or is not an exit).
I am often asked to walk through client facilities and audit them for OSHA compliance. Many, many times the client is uncomfortable with the number of things discovered and what I find (like these signs that conflict). The client often apologizes for these "mistakes," but there is no reason to do so.
I always explain that we tend to be "blind" to the things we see everyday. This is where having a third party come into a workplace to perform an audit comes into play and brings the client value. A skilled, capable auditor can truly enhance a safety program.
While some states have an "audit privilege" that protects the audit from discovery by third parties and regulators, not all do and even those that do often place pretty tight limits on the application and scope of the privilege.
This is where the attorney auditor shines- the work performed by the attorney auditor is privileged as attorney work product. By definition, the attorney's observations are the thoughts and mental impressions of the attorney and disclosure cannot be compelled. Of course, the value of the audit can vary substantially according to the attorney auditor's knowledge and experience, but those impressions are protected. Similarly, communications to clients about the findings can be protected as attorney-client communications. #odworkplacesafety #osha #audit #privilege #safety
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2moMay I join your team for seniors service and care? I'm an excellent caregiver, and I have seven years of experience in health care.