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OSHA and Workplace Accident Investigations: What Every HR Professional Needs to Know

Learn how to effectively and properly conduct a workplace investigation while keeping the company protected.

A workplace is changed in an instant when an accident occurs, especially accidents involving fatalities or catastrophic injuries. A typical day quickly transforms into one that can devastate other employees, cause chaos in your operations, and throw the company immediately into a legal morass. Preparedness is critical in addressing workplace accidents efficiently and effectively. Accidents and all other circumstances that prompt OSHA investigations must be planned for ahead of time. This planning ensures that the company and its key actors likely to be involved in an accident response will know what to do immediately in dealing with the unexpected. OSHA investigations following accidents can give rise to very serious legal consequences. Civil penalties can be extremely costly. Accidents can give rise to civil liability, citations, claims, or charges by OSHA, the injured employee(s) and/or victim(s), other employees, or third parties. Even criminal prosecutions are a possibility in extreme circumstances. No OSHA investigation is routine, and it is impossible to write a script for how every investigation will unfold. However, there are key considerations and common themes that this topic will cover to ensure that you and your company are as prepared as possible for an OSHA investigation. This presentation provides a review of the information and procedures that can help a company through an OSHA investigation. Many of these concepts are transferable to responses to other types of incidents or any inquiry into how well the company has met the requirements of law. This topic is a starting point for those who are new to managing OSHA compliance, and a refresher for those who have experience with OSHA enforcement activities.

89 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What to Do When OSHA Is at Your Door

  • What Is OSHA?
  • What Is at Stake?
  • Preparing for Investigations
  • Managing Investigations
  • Recognizing Investigations for What They Really Are: Discovery

Elements of OSHA Investigations

  • The Opening Conference
  • The Walkaround
  • Document Requests and Production
  • Employee Interviews
  • Management Interviews
  • Recognizing Signs That It Is Not Going Well
  • The Closing Conference

Additional Considerations for Fatality or Catastrophe OSHA Investigations

  • Unique Challenges of Fatality/Catastrophe Investigations
  • Internal Accident Reports
  • Dealing With Co-Workers, Family, News Media, and Law Enforcement
  • Potential Criminal Violations
  • Expert Analyses and Reports
  • Managing Expectations and Outcomes
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 18, 2021.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 88 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jaslyn W. Johnson

Jaslyn W. Johnson

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Associate at Ogletree, Deakins, Nash, Smoak & Stewart P.C., Atlanta, GA
  • Represents and advises employers on workplace safety and health matters; her practice includes providing guidance on federal OSHA state OSHA compliance, challenging citations, and litigating OSHA-related matters before federal and state agencies and courts
  • Prior to joining Ogletree Deakins, she served as a trial attorney in the Office of the Solicitor for the United States Department of Labor where she litigated cases on behalf of U.S. Department of Labor agencies, including OSHA and MSHA, in federal district courts and federal administrative courts, including the Occupational Safety & Health Review Commission and Federal Mine Safety and Health Review Commission
  • Previous experience includes providing pre-litigation legal, strategic and investigative assistance to both OSHA and MSHA
  • Can be contacted at https://ogletree.com/people/jaslyn-w-johnson/
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 408776
Published 2021
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