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Procedural Flaws Kill Worker's Suit Over Allegedly Faked Respirator Tests

By WorkCompCentral

Tuesday, May 17, 2016 | 0

A worker's failure to comply with procedural pleading requirements doomed his appeal of the dismissal of a tort claim against a former supervisor who allegedly had him falsify documents pertaining the the annual safety testing of his respirator. Case: Parker v. Dubois, No. ED103447, 05/10/2016, published. Facts: Tim Parker worked as a "service specialist" for Ecolab from 2003 until 2009. Because his job involved spraying pesticides, the Occupational Safety and Health Administration required that Ecolab provide him with a respirator. OSHA's rules and regulations also re...

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