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  • Philosophy for safety. “Top Down”
  • Policy for training in regards to safety.
  • Policy on what your company and employees are to do in the event of an accident, whether it is minor, serious, or fatal.
  • Talk about the policy before any accident. “Not just put it in a manual.”
  • What are the goals?
  • Policy regarding when to call OSHA.
  • Policy regarding what to do with any press/news media requests post-accident.
  • Identify the right attorney to retain for the accident investigation.


  1. Attorney-client privilege.
  • Hire the right attorney to protect your investigation from getting into the hands of your opponents.
  • Why it cannot be done on every case becomes pretextual.
  1. Collect important evidence immediately.
  • Take videos and/or photos of everything.
  • What is considered important evidence?
  1. Obtain written witness statements.
  • Scan area for witnesses. They may not be your employees.
  • To retain attorney-client privilege statements should be taken by your attorney.
  1. Litigation Hold Letters. Attorney should be the one to do these.
  • When are litigation holds necessary?
  • If another party has evidence that will be important to you and your company, a litigation hold letter must be sent out.
  • The letter should notify the other party that they have evidence that must be retained and not altered in any way.
  • Litigation holds should also be used for any evidence in your company’s possession.
  • A few examples of evidence include: digital data, vehicles, tools, repair records, reports, photos, and videos.

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