Wisconsin Federal District Court Rules that Internal Strategic Safety Analysis Done at Direction of In-House Counsel is Not Protected by Attorney-Client Privilege

On February 8, 2012, the E.D. Wisconsin issued a decision in Solis v. Milk Specialties, Case No. 11-MC-72, finding that an internal “five year strat plan” for combustible dust hazards and an associated “Dust Report” were not privileged and therefore must be produced to the Occupational Safety and Health Administration (OSHA) in an ongoing OSHA dust hazard inspection.  Milk Specialties had been inspected by OSHA and cited for dust hazards.

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