The downside of technology: managing "human factors" liability

Article Abstract:

Employers should develop human factors workplace strategies to improve productivity and avoid costly injuries due to repetitive use of technology. Cumulative trauma disorders, also known as repetitive stress injuries, may account for half of the total workers' compensation claims by the start of the 21st century. Typical examples of this are carpal tunnel syndromes from computer use. Ergonomics programs, state and federal job safety law, employer tort liability and employee lawsuits are considered.

Health Care and Social Assistance, HEALTH SERVICES, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Occupational Safety & Health Adm, Employee Health & Safety, Cases, Employer liability, United States. Occupational Safety and Health Administration, Repetition strain injury, Cumulative trauma disorders, Workers' compensation

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Square peg and round hole: forcing OSHA regulatory violations into the negligence per se framework

Article Abstract:

Violations of the Occupational Health and Safety Act (OSHA) should not be treated as negligence per se in cases brought by third parties, including third party employees. The violations should at most be regarded as evidence of negligence. Such a rule would preserve the distinction between the regulatory and tort systems, encourage the settlement of regulatory violations and promote cooperation between employers and employees to achieve a safer working environment.

Occupational health and safety, Negligence

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