OSHA standards are designed for workplace safety — but they are frequently cited in premises liability cases involving public spaces. Understanding when OSHA applies, and when it doesn't, is essential for both plaintiff and defense counsel.
OSHA standards are among the most frequently cited — and most frequently misapplied — sources of authority in premises liability litigation. Attorneys on both sides of airport liability cases regularly invoke OSHA regulations to support their standard-of-care arguments, but the applicability of OSHA to a specific incident is not always straightforward. Understanding when OSHA applies, which standards govern, and how to use OSHA evidence effectively requires an expert witness with direct experience applying these standards in airport and construction environments.
OSHA's Scope: Employees, Not the General Public
OSHA's primary mandate is to protect employees in the workplace — not members of the general public. This distinction is critical in airport premises liability cases, where the injured party is typically a passenger, not an airport employee. OSHA regulations do not directly create a duty of care to the general public, and a violation of an OSHA standard does not automatically establish negligence in a case involving a non-employee plaintiff. However, OSHA standards can still be relevant in these cases as evidence of the industry standard of care — particularly when the standard addresses conditions that affect both employees and the public.
When OSHA Standards Are Directly Applicable
OSHA standards are directly applicable in airport premises liability cases when the injured party is an airport employee, a contractor employee, or a vendor employee working in the facility. In these cases, the employer's OSHA compliance (or non-compliance) is directly relevant to liability. OSHA standards are also directly applicable when the case involves a construction zone — because construction activities in occupied airport terminals are governed by OSHA 29 CFR 1926 (Construction Standards), which applies to all workers on the construction site regardless of whether the public is also present.
- Airport employees injured in terminal maintenance operations
- Contractor employees injured in construction zones
- Vendor employees injured in loading docks or service areas
- Any worker injured in an area governed by OSHA 29 CFR 1926 (Construction)
OSHA as Evidence of the Standard of Care
Even when OSHA does not directly apply to a case involving a member of the public, OSHA standards can be introduced as evidence of the industry standard of care. Courts have consistently held that OSHA regulations — while not creating a private right of action — are relevant to the question of whether a property owner exercised reasonable care. An expert witness can testify that the conditions at the scene violated OSHA standards and that those standards reflect the minimum level of safety that a reasonably prudent operator would maintain.
Common OSHA Misapplications in Airport Cases
The most common OSHA misapplication in airport premises liability cases is citing OSHA's General Duty Clause (Section 5(a)(1)) as a source of duty to the general public. The General Duty Clause requires employers to provide a workplace free from recognized hazards — but it applies only to employees, not to members of the public. Citing the General Duty Clause as the basis for a duty of care to a passenger plaintiff is legally incorrect and will be challenged by opposing counsel.
- Citing OSHA's General Duty Clause as a duty to the general public
- Applying construction standards (29 CFR 1926) to non-construction operations
- Treating OSHA violations as per se negligence in public liability cases
- Failing to distinguish between OSHA standards and industry consensus standards (ASTM, ANSI)
The OSHA Expert Witness in Airport Cases
An effective OSHA expert witness in an airport case must be able to identify which OSHA standards apply, explain how they should be interpreted in the context of the specific incident, and distinguish between OSHA requirements and broader industry standards. Paul Gaston's dual OSHA 30-Hour certifications in construction and general industry — combined with 17+ years of managing OSHA-regulated construction projects in occupied airport terminals — provide the direct, authoritative expertise needed to navigate these complex issues at deposition and trial.
Need an Expert Witness for Your Case?
Paul Gaston, Ryan Dahlstrom, and Preston Rideout are available for plaintiff and defense engagements nationwide. Initial consultation at no charge.
