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Arizona Association of Defense Counsel Advocacy Luncheon Seminar

Arizona Association of Defense Counsel Advocacy Luncheon Seminar. “Understanding the Threat of Criminal Prosecution for a Workplace Accident” Wednesday, September 6, 2006 Charles P. Keller Snell & Wilmer, LLP 602-382-6265 www.OSHAlawyer.net. OSHA-Reportable Accident. 29 C.F.R. §1904.39

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Arizona Association of Defense Counsel Advocacy Luncheon Seminar

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  1. Arizona Association of Defense Counsel Advocacy Luncheon Seminar “Understanding the Threat of Criminal Prosecution for a Workplace Accident” Wednesday, September 6, 2006 Charles P. KellerSnell & Wilmer, LLP 602-382-6265 www.OSHAlawyer.net ©2005 Snell & Wilmer L.L.P.

  2. OSHA-Reportable Accident 29 C.F.R. §1904.39 • 8 hours to report • death for a work-related incident • in-patient hospitalization of 3 or more employees • occurs within 30 days of incident • ADOSH notifies AG’s office • Christina Fitzpatrick ©2005 Snell & Wilmer L.L.P.

  3. Yuma Criminal Case • General Contractor – Far West • Subcontractor – Santec Corporation • Far West employees • Ms. Connie Charles – crew leader • Mr. James Gamble – deceased • Mr. Garrett – injured • Santec employees • Mr. Gary Lanser – deceased • Mr. John Clingman – President • Mr. Dwight Zemp – Vice President ©2005 Snell & Wilmer L.L.P.

  4. Precautions Client Needs to Take • Control the work site • Preserve the scene • Limit access to job site • Establish the Company point person • Document who enters site and when ©2005 Snell & Wilmer L.L.P.

  5. Precautions Client Needs to Takecont’d • Keep control of your witnesses • Multi-agencies will desire interviews • Fire Department • Police Department • OSHA Inspectors • Sheriff’s Department • AG’s Investigator • Insurance Claims Representatives • Media ©2005 Snell & Wilmer L.L.P.

  6. Precautions Client Needs to Take cont’d • Any statement made to any agency representative or document produced can be used by AG for criminal prosecutions • Witnesses should know that their statement is a voluntary act. ©2005 Snell & Wilmer L.L.P.

  7. Precautions Client Needs to Take cont’d • Determine corporate/employee criminal culpability • Done through prompt, thorough privileged investigation • If no culpability, cooperate with investigation agencies as normal • If potential culpability, corporation and/or individuals may be advised to seek criminal counsel prior to speaking with any investigator ©2005 Snell & Wilmer L.L.P.

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