Potential Liability of Industrial Hygienists Under USA Law Part II: Prescription for Reducing Potential Liability

Abstract

Industrial hygienists are uniquely situated to effectuate corporate changes that can save people's lives. But industrial hygienists, who are paid for their expertise, may also become the repository for corporate liability for occupational injury. This article examines the American Academy of Industrial Hygiene (AAIH) Code of Ethics in light of potential professional liability. The Code provides an important starting point for protecting industrial hygienists against professional liability while safeguarding public confidence in the profession, but it needs refinement to further define and codify those principles that should guide industrial hygienists when a conflict of interest occurs. Other professions have successfully developed such standards to protect their members and the integrity of their profession. Such standards provide professional discipline through self-regulation and support conclusions that are based on reasonable professional judgments. In the interim, industrial hygienists should make every effort to assure that recommendations in the reports they prepare are complete and supported by information from investigations and the scientific literature. This article concludes that, by refining the Code, industrial hygienists can fashion a powerful tool to cope with difficult issues, which will make them better equipped to address occupational safety and health problems.