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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117341
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Requested water samples from OSHA the morning after being

Customer Question

requested water samples from OSHA the morning after being diagnosed with legionnaires disease after industrial accident. Employer submitted air quality report stating that water samples should be taken if an employee has been diagnosed with legionnaires disease to OSHA. They closed the investigation based on this report. they should have opened a level 1 investigation according to their technical manual. they were told of camera footage and coworker testimony that were more than willing to cooperate. OSHA failed me terribly can legal action be taken against osha if i can prove their negligence in this matter, Because, I sure can
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot sue OSHA for this, but you can sue the employer. Before you do so, you can actually file a complaint and appeal with the OSHA director in DC and they can force the regional office to reopen the investigation. If they refuse to do so, then your claim would have to be against the employer, not OSHA as they are merely an investigatory/enforcement agency and they cannot be sued for not taking their discretionary enforcement action, even if they fail to follow their manual.
In most cases though, if you file an appeal and complaint to the main headquarters against the regional office, if you have the supporting documentation, the main office will order the investigation reopened.
Customer: replied 1 year ago.
I am told I can not sue my employer in mass. After that report they vigorously spoliated all pertinent evidence. Coworkers will verify the extent.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can sue the employer for workers compensation and you can also sue if they are retaliating for you. You cannot sue the employer for a "tort" or "personal injury" claim. So if they are trying to hide or destroy evidence that this was caused by issues with their facility and deny workers compensation benefits you can indeed sue under workers compensation.
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