Washington Law Review
The purpose of this comment is to determine the extent to which section 5 is enforceable by private suit in federal court. Of particular concern is whether compensatory damages are available as a matter of federal law to persons injured as a result of violations of the section. The conclusion reached is that compensatory relief for violations of subsection 5(a) is available under federal common law when recovery is inadequate or unavailable under local law and the plaintiff's injuries exceed $10,000 in value. In this way, the 1970 Act provides a needed supplement to state workmen's compensation systems.
Robert G. Mullendore,
Federal Common Law Remedies under the Occupational Safety and Health Act of 1970,
47 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol47/iss4/3