OSHA's Asbestos Regulations and Litigation
The Occupational Safety and Health Administration's (OSHA) Occupational Safety and Health Act has had a significant effect on modern U.S. asbestos litigation. OSHA's regulations control the actions of employers and their employees' workplace, and adherence or non-adherence to OSHA standards may give rise to arguments for apportioning greater liability to defendants in physical control of the plaintiff's workspace. These regulations primarily target employers since they frequently control workplace exposures, where they are on the scene and exert authority over their employees. In most U.S. jurisdictions, workers are barred from suing their employers directly in tort based upon the no-fault workers' compensation insurance system, so in many cases the OSHA regulations will not come into play for fault-shifting purposes. Entities are obliged to follow these regulations in order to protect their own workers (and any other workers in their vicinity). However, a defendant can point to non-adherence to OSHA standards to seek a greater jury apportionment against those entities. Education is the first step for insurers who wish to better understand this kind of liability and properly advise their clients in asbestos-related risk management.
Source: PropertyCasualty360 (02/14/18) Dinunzio, Peter; Fegan, Jeffrey