Connecticut Municipal Law – Appellate Court affirms summary judgment holding that OSHA creates no duty to non-employees

2015-03-12 | Joseph M. Busher

Category: Municipal Law

Joseph M. Busher

The plaintiff fell into a dumpster at a transfer station, and commenced suit alleging that the Town was negligent under OSHA in failing to have protective barriers to prevent such falls.  Affirming summary judgment for the Town, the Appellate Court reaffirms that OSHA regulations apply only to employees as defined under OSHA at worksites.  Since the plaintiff was not an employee, OSHA did not create a discretionary or non-discretionary duty.  Since the only duties alleged were discretionary in nature, governmental immunity barred the claim.  Bouchard v. Deep River, 155 Conn. App. 490 (Feb. 24, 2015)

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