January, 2010 – OSHA COMPLIANCE – "CREATING LEGAL PRIVILEGES FOR COMPANY INVESTIGATIONS AND AUDITS." Under the new Administration, there will be a significant increase in enforcement inspections. Employers can act proactively to assess their compliance liability through audits. In addition, post accident investigations are frequently important tools in determining "root causes" and developing corrective action. Both of these efforts can be conducted by and at the direction of legal counsel and create legal privilege for the documents from disclosure to OSHA or other third parties. This article discusses the scope of the privilege, how to create it and preserve it.