The Accident Law Group, P.A.
Hablamos EspaƱol Schedule A Free Consultation 866-564-3245
View Our Practice Areas

Court upholds OSHA's requirement on respiratory hazard testing

In September 2019, the U.S. Court of Appeals for the Ninth Circuit decided a case involving the right interpretation of OSHA's Respiratory Protection Standard. Florida employers may be interested to learn that the court ruled in favor of OSHA and against the owner of a marine vessel repair facility in Alaska who argued that it's unnecessary to evaluate respiratory hazards until after it's clear that respirators are needed.

The OSHA standard specifically requires that potentially harmful environments be evaluated before the employers decide for or against the use of respirators. This is the requirement that the court upheld; though, one could point out that it is confusing for the requirement to be under a section titled "Selection of Respirators."

The case began in 2009 when OSHA inspectors declared that the facility's superintendent had not adequately tested a ship's void where welding was to take place. The superintendent tested the atmosphere with a "grab sample" but forgot to consider the danger that the welding fumes would present. Inspectors also found that the area suffered from improper ventilation.

Employers may want to double-check that they are doing all they can to comply with the OSHA standard. They should know when workers might be exposed to airborne contaminants and prepare for foreseeable risks like ventilation failure.

An employee who has been injured one the job may be entitled to compensation. Under workers' compensation law, an employee can be covered for their medical expenses and a portion of the income they lost during their recovery. The workers' comp program can pay out regardless of who was at fault, but employers do have the right to deny payment under some circumstances. To ensure a smooth filing process, an injured worker may want to retain a lawyer. A lawyer may assist with any appeals.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get In Touch Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Accident Law Group, P.A.
2655 S. LeJeune Road
Suite 1014
Miami, FL 33134-5803

Toll Free: 866-564-3245
Phone: 305-446-9702
View Map

Fort Lauderdale Office
2881 East Oakland Park Blvd.
Fort Lauderdale, FL 33306

Toll Free: 866-564-3245
Phone: 954-369-5888
View Map

West Kendall Office
12485 Southwest 137 Avenue
Suite 212
Miami, FL 33186

Toll Free: 866-564-3245
View Map

Fort Myers Office
5237 Summerlin Commons
Ft. Myers, FL 33901

Toll Free: 866-564-3245
Phone: 239-206-1236
View Map