Tort Reform Backers Seek Court Review Of OSHA Preemption Stance In Hazcom Rule

A tort reform group is mounting a legal challenge to OSHA's final hazard communication (hazcom) standard issued earlier this year, asking an appeals court to look into whether the agency violated the Administrative Procedure Act (APA) by limiting the scope of federal OSHA preemption to exclude state tort law claims. A worker advocate, however, says the agency is merely reiterating a legal stance that it has held for decades that it does not preempt state tort law. The challenge from the American Tort Reform Association (ATRA) came as several industry groups lodged their own complaints about as