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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?
Wrongful death damages depend upon certain conditions.
Wrongful death damages usually depend upon the relationship of the plaintiff to the deceased.Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their childs death.Damages for spouses will also include potential financial contributions from the deceased.
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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 >
Definition:
A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based.
Evidence
Definition:
A form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury.
Action
Definition:
A civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party.
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