Date: Thursday, August 24, 2017

Time: 1:00pm to 2:00pm ET

Your Hosts: Nicholas W. Scala

Click here to register for this webinar.

There are numerous benefits to internal or third-party safety audits. These audits offer operators terrific insight for proactive safety and compliance improvements. But, can these audits be used against an operator…The short answer is yes.

Typically, both internal and third-party safety audits can be acquired by MSHA during inspection (if offered by the operator) or during discovery in litigation. Since MSHA has no statute of limitations for enforcement, such records can be used against operators, especially to support allegations that an operator knew or should have known of specific conditions. This webinar will provide recommendations for the creation and retention of internal and third-party audits.

During this webinar, participants will learn about:

• MSHA’s capacity to rely upon prior safety audits during investigations and enforcement;
• Suggested limits on distribution and language choices while creating audits; and
• How to engage with counsel to assert privilege over the audits and protect them from MSHA.

Nick Scala is a Chair of the national MSHA • Workplace Safety Practice at Conn Maciel Carey. He focuses his practice on issues involving mining safety and health law, representing mining companies, on both the surface and underground, independent contractors and cement manufacturers.

Mr. Scala represents and advises clients in all phases of involvement with the Mine Safety and Health Administration (MSHA), particularly guiding companies through MSHA investigations and challenging enforcement and jurisdiction by the agency. Prior to representing the mining industry, he worked as a miner and he is a Certified Mine Safety Professional through the International Society of Mine Safety Professionals.