Court Beefs Up Protections for Workers Injured By Chemicals

<a href="http://www.shutterstock.com/pic-45085954/stock-photo-pharmaceutical-bottle-with-skull-symbol.html?src=IhcnwO0URcrc_gUGS2Sb3Q-1-67">BarracudaDesigns</a>/Shutterstock

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Last week, a federal court issued a ruling strengthening protections for Americans injured by chemicals on the job.

Both state and federal statues dictate how companies are required to label harmful chemicals in the workplace. Federal law usually trumps state law, but victims injured due to inadequate chemical labeling are still allowed to sue their employer for damages under state law. Earlier this year, the American Tort Reform Association (ATRA) sued the Occupational Safety and Health Administration (OSHA), which is the federal workplace safety regulatory agency, arguing that OSHA regulations only allow workers to sue under federal law, not state law. (Tort reform refers to proposed changes to the civil justice system that would cut down on personal injury lawsuits.) Last week, the powerful DC Circuit Court unanimously rejected ATRA’s argument, which consumer advocates say is a win for workers.

“The court’s opinion is great news for those who want to hold chemical manufacturers liable for injuries to employees,” Leah Nicholls, an attorney with the public interest law firm Public Justice, said in a blog post Tuesday.

While the ruling does not mean that other courts will agree that workers are allowed to sue under state law, the DC Circuit decision “will help persuade other courts that the existence of federal regulations does not prevent people from suing under state laws,” Nicholls adds.

ATRA is a coalition of industry groups founded in 1986 whose members range from the chemical industry to the tobacco industry to the drug industry. The organization advocates for limits on corporate liability for damage caused by member industries’ products and services. Since the group’s inception, corporations including Dow Chemical, Exxon, Phillip Morris, and Aetna have helped fund it.

In the case before the DC Circuit, ATRA said that when OSHA issued its regulation governing how federal chemical injury law preempts state chemical injury law, it changed the definition of “preemption,” which only Congress is allowed to do.

The US Supreme Court has issued several rulings in recent years scaling back Americans’ ability to sue corporations for damages. The high court is also the most business-friendly since World War II. In that context especially, Nicholls says, “[T]his is a heartening decision.”

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate