LEGAL ASPECTS OF INDUSTRIAL HYGIENE

Industrial Hygiene

The science and art devoted to the anticipation, recognition, evaluation, control and management of those environmental factors or stresses, arising in or from the workplace

Primary Objective

To protect the health and well being of employees by eliminating or reducing health hazards that arise from the workplace environment

Health Hazards

Chemical Biological (e.g., bacterial, viral,

insects, animals, allergens) Physical (e.g., radiation, pressure,

noise vibration, temperature) Ergonomic (e.g., repetitive motion,

body stress)

Major Disciplines

Engineering Physics Environmental Science Chemistry Biology

Legal Aspects of Industrial Hygiene & Occupational Health

Occupational Safety and Health Administration (OSHA), under the Department of Labor

Workers Compensation Lawsuits

Overview of OSHA

The act created: OSHA NIOSH OSHRC OSHA Legislation

OSHA – The Agency Responsible for:

Promulgation Occupational Health and Safety Standards

Authorized to inspect workplaces and issue citations and civil penalties to employers who are not in compliance

NIOSH – National Institute of Occupational Safety and Health

Is responsible for research on worker health and safety

Recommends new standards to OSHA

Supplies OSHA with scientific and technical expertise for the rule making process

OSHCR – The Occupational Safety and Health Review Commission

Set up as an independent agency having the responsibility to try OSHA cases and to hear appeals from decisions of administrative law judges

The “OSHA” Legislation

Employer Duties (General) OSHA Standards

OSHA Standards

Performance Standards Specification Standards

Workplace Inspections

OSHA inspections are made to determine whether employers comply with OSHA Standards, OSHA Regulations, and the general duty clause

Inspectors can issue citations which result in fines

Know the Law

The U.S. Department’s Wage and Hour Division enforces federal laws that regulate the hours and times adolescents may work

Worker’s Compensation

Compensation benefits to civilian employees of the for disability due to personal injury sustained while in the performance of duty

The Act also provides for compensation for employment-related disease

Liability

Torts – a private or civil wrong or injury

Negligence – conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm

Liability

Intentional or fraudulent misrepresentations

Breach of Contract – the deliberate breaching of the agreed upon circumstances or conditions

Industrial Hygienist as Expert Witness

An expert is “a person who, through education, experience, and/or training, possesses specialized knowledge or skill in a specific field”

Industrial Hygienist as Expert Witness

Uses of Experts:

“If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”

Types of Experts

Trial Experts Consulting Experts

Summary

Health Hazards Legal Aspects Standards Liability Expert Witness