OSHA's Intent Is Not To Preempt State Tort Law Claims by the HazCom Standard

My thanks to attorney, Steven H. Wodka of Little Silver, NJ, for sending this information:

"Those of you who handle toxic torts may have seen defense motions to dismiss your

clients’ failure to warn claims based on the argument that such claims are preempted by OSHA’s hazard communication standard.  Their argument is based on an unpublished NJ Appellate Division decision, Bass v. Air Products & Chemicals Inc., et al., Docket No.  A-4542-03T3, decided May 25, 2006.