Supreme Court of Ohio Rules on VSSR Case in Favor of Employer

From OMA Connections Partner Calfee: “In a 4-3 decision, the Ohio Supreme Court recently decided a case with potentially far-reaching implications for Ohio Workers’ Compensation Violation of a Specific Safety Requirement (VSSR) Law. State ex rel. Jackson Tube Serv., Inc. v. Indus. Comm., … held that the “impossibility defense” to violation of an OSHA standard could be imported into Ohio Workers’ Compensation Law as an affirmative defense to an alleged VSSR where an employer shows: (1) it would have been impossible to comply with the specific safety requirement or that compliance would have precluded performance of the work; and (2) that no alternate means of employee protection existed or were available. …”

Read more about this case from Calfee. 1/28/2019