OSHA's own liability

OSHA is putting itself in a vulnerable position. The organization is charged with the protection of workers' lives and health, yet it allows conditions which endanger millions of workers' lives every year, actually resulting in the deaths of tens of thousands. NIOSH, as part of the CDC, was involved in and obviously aware of the 2006 Surgeon General's Report on secondhand smoke. NIOSH has recommended elimination of secondhand smoke from the workplace since its landmark recommendations in 1991.

For an agency to demonstrate full knowledge of the dangerous nature of SHS, yet avoid acting to eliminate this danger, is at best negligence. Other certainly plausible causes may involve corruption due to powerful influences of the tobacco industry.

OSHA accomplishes much in the way of protecting workers from many other hazards of the workplace. The job of protecting millions of workers throughout the country is a daunting task. This important work may be compromised if class action lawsuits were to be brought against OSHA.