Benzene Exposure Failure to Warn Claim preempted by OSHA
What does that mean? It means that unless you can show that the manufacturer did not comply with the OSHA regulations then you cannot (at least in this particular benzene lawsuit) proceed with a "failure to warn claim"
Here's the post from the Product Liability Prof Blog:
A Minnesota DIstrict Court dismissed a wrongful death action brought by the family of a former industrial worker against the makers of benzene-containing products to which he was allegedly exposed in his workplace. OSHA regulations that govern warning and labeling requirements for hazardous chemicals used in the workplace preempt any additional state law requirements, according to the court. Thus, the only way the plaintiffs could show liability for failing to warn was to show that the manufacturers violated the OSHA regulation requiring warnings be given for products containing more than 0.1% benzene. Because the plaintiffs produced no evidence that the defendants violated the regulation, the court ruled that the companies were entitled to summary judgment in their favor. Vettrus v. Ashland, Inc., Minn. Dist. Ct., No. C9-04-817, Jan. 9, 2008).
