Managing OSHA

Critical but practical advice for when OSHA comes knocking.

Managing OSHA

Significant Legal Decisions


Occupational Safety and Health Review Commission Extends Attorney-Client Privilege to Reports Prepared by Third-Party Experts

Arent Fox LLP won a major victory for its client in Secretary of Labor v. Delek Refining, Ltd., OSHRC Docket No. 09-0844, in which the Occupational Safety and Health Review Commission extended the attorney-client privilege to certain reports prepared by third-party experts. In a case of first impression, the Commission established a three-part test for determining whether a third-party expert’s report is protected by the attorney-client privilege, providing clear guidance to employers and counsel who engage experts to assist in evaluating complex health and safety issues.


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.