ABSTRACT

Although there is no common law basis for actions under the OSH Act, OSHA regulations are used in many tort actions, such as negligence and product liability suits, as evidence of the standard of care and conduct to which the party must comply. Additionally, documents generated in the course of business that are required under the OSH Act are usually discoverable under the Freedom of Information Act (FOIA) and can be used as evidence of a deviation from the required standard of care.