In Part II of this note, I analyze the impact of tort litigation, workers' compensation, collective bargaining, and the Occupational Safety and Health Act on workplace safety. I begin by describing how each of these vehicles operated historically and then I provide a contemporary perspective. In this section, I also consider the advantages and disadvantages of using these approaches to prevent and compensate for injuries. In Part III, I propose an alternative approach to workplace safety: employee board representation. In this section, I analyze and critique various methods of employee board representation and ultimately recommend a form of representation in which an outside professional hired to represent worker safety issues serves on the board of directors. I advocate this model as an effective means for providing workers in the chemical industry with critical safety information and a channel for improving workplace safety.
Note, Rethinking America's Approach to Workplace Safety: A Model for Advancing Safety Issues in the Chemical Industry, 53 Clev. St. L. Rev. 513 (2005-2006)