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Effect Of OSH Act On State Remedies
You also express the concern that these guidelines will establish a new standard of care for personal injury or wrongful death tort suits: "In addition, plaintiffs' lawyers will point to the Guidelines as government-issued minimum standards for conduct. They therefore become requirements, regardless of what name OSHA gives them." (Chrmn. Ballenger letter of Sept. 26, 1996, to Joe Dear, p. 1). For the reasons which follow, we think this concern is unfounded.
As you know, when Congress passed the Williams-Steiger Occupational Safety and Health Act of 1970, 29 U.S.C. section 651 et seq., it did so based upon a finding that job-related injuries and illnesses were imposing both a hindrance and a substantial burden upon interstate commerce, "in terms of lost production, wage loss, medical expenses, and disability compensation payments." 29 U.S.C. section 651(a). Based on the sheer magnitude of their numbers, injuries and deaths and their attendant costs which result from incidents of workplace violence clearly fall within the purview of this Congressional finding. Therefore, any initiative designed to reduce work-related injuries and deaths is consistent with this Congressional finding. These draft guidelines are such an initiative.
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Did You Know?
There are those who cannot sue for wrongful death.
A family member cannot sue another family member for wrongful death.
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The Role of Voluntary Guidelines
Voluntary guidelines, whether developed by governmental bodies such as OSHA, NIOSH, Centers for Disease Control (CDC), or private organizations suc... Read more >
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