MDL Judge Determines HazCom Standard 'Silent' On Duties Imposed on Manufacturers

CLEVELAND -- Failure to warn claims pending in the Welding Rod Products Liability Litigation are not preempted by the Hazard Communication Standard Statute, because that statute deals only with duties imposed on the employer, not manufacturers, a recent ruling states. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535 (N.D. Ohio).

In the April 5 order, Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio also opined that the Occupational Safety and Health Act used specific language to expressly save common law claims, such as the plaintiffs' failure to warn claims.

'OSHA …