Secretary of Labor v. Delek Refining
Secretary of Labor v. Delek Refining, OSHRC Docket No. 09-0844 (July 11, 2011). 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.