In a recent case, the 9th Circuit court held that the OSHA Respiratory Protection Standard requires employers to evaluate potentially harmful atmospheres. Based on this decision, an employer is responsible for ensuring employees are not harmed due to respiratory hazards. If the employer can not determine whether or not a work environment is harmful, it is considered to be immediately dangerous to life or health. This is in an effort to make sure employees are not harmed due to the employer’s negligence. If they are, the employer can be held responsible. This is especially important for those who are employed in jobs that involve welding, oil rigs, and so on.
The ruling came from Secretary Of Labor v. Seward Ship’s Drydock, Inc. Seward Ships has had a history of willful violations of OSHA regulations. In this particular case, they were allowing welders to weld with tools that produced a substantial amount of carbon monoxide and iron oxide. This wouldn’t be a problem if the welders had proper respiratory protection. However, Seward ships employees were wearing none. This could lead to a long list of medical complications, and even death. After learning about this court opinion, employers should re-evaluate how they determine if an employee will be exposed to harmful environments.
Harmed By Your Employer’s Negligence?
If you have been harmed by your employer’s negligence, you need a lawyer. Employers will sometimes violate safety regulations in order to save time or money. This might result in direct harm to you or your family. Don’t let them get away with it. At The Law Giant, Personal Injury & Accident Lawyers, we take these situations seriously. We’ll make sure that you are compensated for your damages and hold the negligent party accountable for their actions. If you have been harmed, contact our firm today at (866) 523-4167 to schedule a free, initial evaluation of your case.
