As you know, employer liability under OSHA has been expanding. The agency has been pursuing additional means and methods of establishing liability for citations. A recent decision in Federal District Court in Chicago represents an example of such further expansion. In the attached article there is a discussion of the case in which OSHA subpoenaed loss control reports from the employer’s liability insurer which presumably may contain information regarding potential hazards at the insured employer’s workplaces, which information might be utilized by the agency to establish citation liability against the insured employer. The insurer contested the subpoena but the Court ordered it to comply. This situation sets the stage for potential conflicts between the insured employer and the insurer. The article discusses this potential conflict and makes several recommendations to reduce potential liability.
Read full article here.