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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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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 addi... Read more >
The General Duty Clause
When Congress enacted the Williams-Steiger Occupational Safety and Health Act of 1970, it intended to impose two complementary duties on an employe... Read more >
Definition:
Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
Costs
Definition:
The statutory sum awarded to the successful party when a judgment is entered.
Equitable action
Definition:
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation.
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