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This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of OSHA Regs. For more information about OSHA see the pages on Wikipedia
See Va. Code § 40.1-51.3:2 indicating that evidence of civil penalty against employer under state or federal safety codes is inadmissible in personal injury or property damage action.
1986 Pearson v. Canada Contr’g Co., 232 Va. 177, 349 S.E.2d 106.
Plaintiff alleged violation of OSHA in this injury case. Plaintiff, however, was not employee and therefore not within class of persons intended to be protected. Violation of regulation could not benefit plaintiff on negligence per se theory.
1981 Floyd S. Pike Elec. Contr. v. Commissioner, Dep’t of Labor & Indus., 222 Va. 317, 281 S.E.2d 804.
Safety regulations promulgated by OSHA were not designed to make employer insurer of employee’s safety. Safe work place is not necessarily risk-free.
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