Federal OSH law doesn’t trump state worker’s comp law
Wisc. worker's injury due to OSHA standard violation
A Wisconsin company that protested paying extra worker’s compensation under the state’s "safe place" statute failed to convince an appeals court that federal law preempts a state law requiring employers to pay penalties when workplace safety violations cause injuries.
In Sohn Manufacturing Inc. v. LIRC, 2012AP2566 (Aug. 7, 2013), a three-judge panel rejected that argument as well as the alternative argument that Wisconsin’s “safe place” statute does not authorize additional compensation for violations of federal law.