OSHA Says It Favors Preemption of State Law Respirator Claims

WASHINGTON, D.C. - The Occupational Health and Safety Administration has indicated that it supports preemption of certain state law claims alleging injury caused by NIOSH-certified defective respirators.

In a Jan. 9 letter to the head of the International Safety Equipment Association, OSHA Acting Assistant Secretary Thomas M. Stohler said his organization is willing to take the position that, under certain circumstances, conflict preemption precludes such claims because they interfere with the federal regulatory scheme enforced by NIOSH and OSHA.

Daniel K. Shipp, President of ISEA, wrote OSHA in May, requesting that it address the preemption issue within the context of …