In many types of litigation, once the basic
facts of the case are determined, there is still the matter of determining whether or not
the act was preventable by following generally recognized procedures or standards. Issues
of negligence and liability frequently turn on such questions, and there are many experts
making a good living testifying on what those standards are. Whether you are retaining or
deposing an expert, or simply considering whether to take on a particular case, you may
want to read for yourself what is the accepted or regulated standard on some issue.
OSHA
For work-related safety
issues, a good place to start is the OSHA website - www.osha.gov. What appears to be a single website is actually
maintained by two different OSHA locations, their headquarters in Washington, DC, and
their Technical Center in Salt Lake City. As you browse the site you are seamlessly
switching back and forth between those two locations.
With 20,000 documents and
files on the site, it may take you a little while at first to locate exactly what you are
looking for. There are links to the search engine and site index located on each page, so
no matter where you are in the site you can always access these. From the home page, you
have immediately access to OSHA regulations, statistics and compliance information as well
as a host of other information.
To find the wording of a
particular standard or how it has been interpreted, just click on the "Standards" or "Interpretations" links from the home page. For
proposed standards, click on the "Federal Register" link. Clicking on the
Statistics and Inspection Data link from their home page will take you into an interactive
database of all the closed inspections they have done over the past 20 years. If you want
to know if your client or the opposition has ever failed an OSHA inspection, this is the
place to go. Once there, you can search for inspections done at a particular
establishment, find data on all the inspections done in a certain industry, find out which
regulations are most commonly violated by a particular industry and review safety
statistics.
State
OSHA's
The OSHA regulations are
structured so that states may set up their own programs to handle work-related safety
issues, and about half the states have done so. See listing at bottom of this page for
links to the individual state agency websites.
National
Institute for Occupational Safety and Health
www.cdc.gov/niosh While not a
regulatory agency, NIOSH was created by the same congressional act as OSHA and OSHA
frequently cites NIOSH research. Their hundreds of on-line publications provide
information on everything from ergonomics for meat packing plant workers to indoor air
quality. Among the on-line services they provide is TOXNET, through which you can search
four toxicological databases, including the Hazardous Substances Data Bank (HSDB) listing
information on over 4500 potentially hazardous chemicals and their regulatory
requirements. Toxnet.nlm.nih.gov
American
National Standards Institute (ANSI)
www.ansi.org This group oversees the work
of 175 different entities working on the development of standards in the United States.
There are currently over 13,000 approved standards, many of them relating to safety. They
offer nearly 600 publications relating to approved safety standards through their online
bookstore. From the site's home page, click on "Standards Info" and then search
for the item you want.
American
Society for Testing and Materials
www.astm.org The ASTM is a non-profit
standards organization comprised of 135 committees operating in different fields. Each
year they publish about 10,000 standards in a set of 72 volumes. You also have the choice
of searching for a particular standard and downloading it.
Society
of Automotive Engineers
www.sae.org/servlets/index The SAE sets standards for
ground as well as aerospace vehicles. Their sets of standards, including their ones on
accident reconstruction and safety, may be purchased for download, in print or on CD-ROM.
National
Fire Protection Association
www.nfpa.org The NFPA is most famous for
producing the National Electrical Code, which has been widely adopted throughout the
country. They also produce standards or codes in other areas such as hazardous materials
handling, parking structures and airports. Their standards are currently only available in
print or on CD, but they will be available for download in the future.
Underwriters
Laboratories
www.ul.com Underwriters Laboratories, in
addition to setting safety standards, tests products for safety and certifies them when
they meet UL standards. With 14 testing centers in 10 countries, and another 171
inspection centers in 74 countries, in 1998 alone they evaluated nearly 90,000 different
products. The standards they produce are available through ulstandardsinfonet.ul.com
ASSIST
assist.daps.mil This is a free service
through which you can access 100,000 Department of Defense standards.
National
Highway Transportation Safety Administration
www.nhtsa.dot.gov/cars/rules/standards/safstan2.htm This is the location to find the number of the Federal Motor Vehicle Safety Standard you
are interested in. You can then go to the Government Printing Office's site and access the
electronic form of the Code of Federal Regulations (www.access.gpo.gov/nara/cfr/). From
there, you can go to Title 49, Transportation, Part 571 and access the full text of the
standard. Title 49 also contains transportation-related regulations of other federal
agencies such as the National Transportation Safety Board, Federal Highway Administration
and the Federal Railroad Administration.
NSSN
www.nssn.org NSSN is a database set up by
ANSI which allows a simultaneous search of private and governmental standards. They
provide access to about a quarter of a million standards references from 600 entities
worldwide. When you find a document that you are interested in, you will be connected to
the website of the organization that provides it.
International
Organization for Standardization - ISO
www.iso.ch This organization, based in
Geneva, is responsible for establishing internationally accepted standards. It is the
international equivalent of ANSI (ANSI is a member of ISO.) They currently have 139
publications on approved international safety standards.
Material
Safety Data Sheets
There are several sites
available which provide access to the known risks of hundreds of thousands of chemicals
and the proper safety procedures for handling them. Two of the better sites are the ones
from Cornell University (http://www.ehs.cornell.edu/) and the Vermont Safety
Information Resources, Inc. (www.hazard.com).
You can find information listed under both the chemical name and the manufacturer's
product name.
State Occupational Safety and Health Agencies
Alaska http://www.labor.state.ak.us/lss/oshhome.htm
Arizona www.ica.state.az.us/ADOSH/oshatop.htm
California www.dir.ca.gov/occupational_safety.html
Connecticut www.ctdol.state.ct.us/
Hawaii www.state.hi.us/dlir/hiosh/
Indiana www.state.in.us/labor/iosha/iosha.html
Iowa www.state.ia.us/iwd/labor/index.html
Kentucky training.westkentucky.kctcs.edu/osha.shtml
Maryland www.dllr.state.md.us/labor/mosh.html
Michigan www.cis.state.mi.us/bsr/divisions/mio/home.htm
Minnesota www.doli.state.mn.us/wsc.html
Nevada silver.state.nv.us/
New Mexico www.nmenv.state.nm.us/Oots/ohsrc.htm
New York www.labor.state.ny.us/html/safety/saf_hlth.htm
North Carolina www.dol.state.nc.us/osha/osh.htm
Oregon www.cbs.state.or.us/external/osha
South Carolina www.llr.state.sc.us/Osha/Default.htm
Tennessee www.state.tn.us/labor-wfd/tosha.html
Utah www.labor.state.ut.us/Utah_Occupational_Safety___Hea/utah_occupational_safety___hea.html
Vermont www.state.vt.us/labind/vosha.htm
Virginia www.doli.state.va.us/textonly/infocenter_text/publications/vaunique_p1.html
Washington www.lni.wa.gov/wisha/
Wyoming http://wydoe.state.wy.us/doe.asp?ID=7