Potential Liability of Industrial Hygienists Under USA Law: Part I: The Dawning of the Age of Industrial Hygienist Malpractice?

Abstract

Written for nonlawyers, this article is designed to raise the awareness of the industrial hygiene profession to the potential areas of malpractice liability. Although no cases have been litigated to date, under emerging civil and criminal laws governing occupational safety and health protection, industrial hygienists may be held personally liable if the safety and health programs under their direct control fail to achieve the goals for which the programs were designed, i.e., to prevent death or serious injury. This article discusses several statutory and common law theories, explains general legal principles using a minimum of legal terms, and outlines areas of potential malpractice liability under state right-to-know laws, the Occupational Safety and Health Act, and common law.