osha standard (Illinois) · Go Syfert
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osha standard in Illinois

15 Illinois opinions name it 1 courts 1988–2025 4 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Clarence J. Williams v. National Railroad Passenger Corporationgreen
ca7 · 1998 · cited in 2 Illinois opinions naming this issue, 2024–2024
2 sentences

2024Passenger Corp., 161 F.3d 1059, 1062 (7th Cir. 1998). ¶ 53 CSX maintains that the Estate informed the jury that a violation of an OSHA standard was negligence per se by telling “the jury—repeatedly—that any violation of an OSHA exposure limit, standing alone, ‘is negligence’ under FELA.” In making this argument, CSX cites a line of federal cases that CSX maintains found that a violation of OSHA standards does not constitute negligence per se under FELA.

2024Passenger Corp., 161 F.3d 1059, 1062 (7th Cir. 1998). ¶ 53 CSX maintains that the Estate informed the jury that a violation of an OSHA standard was negligence per se by telling “the jury—repeatedly—that any violation of an OSHA exposure limit, standing alone, ‘is negligence’ under FELA.” In making this argument, CSX cites a line of federal cases that CSX maintains found that a violation of OSHA standards does not constitute negligence per se under FELA.

22
In re Marriage of O'Briengreen
ill · 2011 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See In re Marriage of O’Brien, 2011 IL 109039, ¶ 22 (we will liberally construe a notice of appeal “ ‘if the notice, when considered as a whole, fairly and adequately sets out the judgment complained of and the relief sought so that the successful party is advised of the nature of the appeal’ ”) (quoting Burtell v. First Charter Service Corp., 76 Ill. 2d 427, 433-34 (1979)). ¶ 22 In plaintiff’s first amended complaint, plaintiff cites to several provisions under OSHA, arguing that “defendant attempted to force plaintiff to create a false account of a workplace injury by forcing plaintiff to re

2017See In re Marriage of O’Brien, 2011 IL 109039, ¶ 22 (we will liberally construe a notice of appeal “ ‘if the notice, when considered as a whole, fairly and adequately sets out the judgment complained of and the relief sought so that the successful party is advised of the nature of the appeal’ ”) (quoting Burtell v. First Charter Service Corp., 76 Ill. 2d 427, 433-34 (1979)). ¶ 22 In plaintiff’s first amended complaint, plaintiff cites to several provisions under OSHA, arguing that “defendant attempted to force plaintiff to create a false account of a workplace injury by forcing plaintiff to re

22
Burtell v. First Charter Service Corp.green
ill · 1979 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017See In re Marriage of O’Brien, 2011 IL 109039, ¶ 22 (we will liberally construe a notice of appeal “ ‘if the notice, when considered as a whole, fairly and adequately sets out the judgment complained of and the relief sought so that the successful party is advised of the nature of the appeal’ ”) (quoting Burtell v. First Charter Service Corp., 76 Ill. 2d 427, 433-34 (1979)). ¶ 22 In plaintiff’s first amended complaint, plaintiff cites to several provisions under OSHA, arguing that “defendant attempted to force plaintiff to create a false account of a workplace injury by forcing plaintiff to re

2017See In re Marriage of O’Brien, 2011 IL 109039, ¶ 22 (we will liberally construe a notice of appeal “ ‘if the notice, when considered as a whole, fairly and adequately sets out the judgment complained of and the relief sought so that the successful party is advised of the nature of the appeal’ ”) (quoting Burtell v. First Charter Service Corp., 76 Ill. 2d 427, 433-34 (1979)). ¶ 22 In plaintiff’s first amended complaint, plaintiff cites to several provisions under OSHA, arguing that “defendant attempted to force plaintiff to create a false account of a workplace injury by forcing plaintiff to re

22
Templeton v. Chicago & Northwestern Transportation Co.green
ill · 1992 · cited in 1 Illinois opinions naming this issue, 1993–1993
2 sentences

1993See Templeton v. Chicago & North Western Transportation Co. (1992), 151 Ill. 2d 325 , 603 N.E.2d 441 .

1993See Templeton v. Chicago & North Western Transportation Co. (1992), 151 Ill. 2d 325 , 603 N.E.2d 441 .

11
Johns-Manville Products Corp. v. Industrial Commissiongreen
ill · 1979 · cited in 1 Illinois opinions naming this issue, 1993–1993
2 sentences

1993See also Johns-Manville Products Corp. v. Industrial Comm’n (1979), 78 Ill. 2d 171, 177-78 , 399 N.E.2d 606, 609-10 .) The OSHA test results revealed no evidence of chemical toxins or exposure at MidCon’s headquarters.

1993See also Johns-Manville Products Corp. v. Industrial Comm’n (1979), 78 Ill. 2d 171, 177-78 , 399 N.E.2d 606, 609-10 .) The OSHA test results revealed no evidence of chemical toxins or exposure at MidCon’s headquarters.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Martens v. MCL Construction Corp. green
illappct · 2004
2 sentences

2021Id.

2021Id.

32019–2021
Kalata v. Anheuser-Busch Companies, Inc. green
ill · 1991
2 sentences

2006Plaintiff further cites to Kalata v. Anheuser-Busch Cos., 144 Ill. 2d 425, 434-35 , 581 N.E.2d 656 (1991), where the supreme court stated: “A violation of a statute or ordinance designed to protect human life or property is prima facie evidence of negligence.

2006Plaintiff further cites to Kalata v. Anheuser-Busch Cos., 144 Ill. 2d 425, 434-35 , 581 N.E.2d 656 (1991), where the supreme court stated: “A violation of a statute or ordinance designed to protect human life or property is prima facie evidence of negligence.

22006–2006
General Motors Corp. v. Pappas green
ill · 2011
2 sentences

2025Id. ¶ 42 The supreme court reached a similar result in Pappas, 242 Ill. 2d at 176-77 .

2025Id. ¶ 42 The supreme court reached a similar result in Pappas, 242 Ill. 2d at 176-77 .

12025–2025
Fragassi v. Neiburger green
illappct · 1995
2 sentences

1999App. 3d 833 , 651 N.E.2d 708 (1995) (Fourth District) (employee protected where OSHA violation reported internally); Fragassi v. Neiburger, 269 Ill.

1999App. 3d 633 , 646 N.E.2d 315 (1995) (Second District) (implicitly allowing internal complaint); Russ v. Pension Consultants Co., 182 Ill.

11999–1999
Russ v. Pension Consultants Co. green
illappct · 1989
1 sentence

1999App. 3d 633 , 646 N.E.2d 315 (1995) (Second District) (implicitly allowing internal complaint); Russ v. Pension Consultants Co., 182 Ill.

11999–1999
Sherman v. Kraft General Foods, Inc. green
illappct · 1995
1 sentence

1999App. 3d 833 , 651 N.E.2d 708 (1995) (Fourth District) (employee protected where OSHA violation reported internally); Fragassi v. Neiburger, 269 Ill.

11999–1999
Templeton v. Chicago & North Western Transportation Co. neutral
illappct · 1991
1 sentence

1993App. 3d 489 , 570 N.E.2d 467 .) However, the Illinois Supreme Court subsequently reversed the judgment of this court, affirming the decision of the trial court on the OSHA issue, and remanded the matter to this court for consideration of the remaining issues originally raised by defendant’s appeal.

11993–1993
Albert Ralph Velasquez v. Southern Pacific Transportation Company green
ca5 · 1984
2 sentences

1991The court plainly stated, “We agree with Southern Pacific’s argument that OSHA standards do not apply to walkways along the tracks, or railroad bridges, because they have been displaced by a Federal Railroad Administration (FRA) policy statement.” Velasquez, 734 F.2d at 218 .

1991The court plainly stated, “We agree with Southern Pacific’s argument that OSHA standards do not apply to walkways along the tracks, or railroad bridges, because they have been displaced by a Federal Railroad Administration (FRA) policy statement.” Velasquez, 734 F.2d at 218 .

11991–1991
Ray Marshall, Secretary of Labor v. Knutson Construction Company and Occupational Safety and Health Review Commission green
ca8 · 1977
2 sentences

1988(Marshall, 566 F.2d at 601 .) Hence, we find Marshall unpersuasive and inapplicable here, since Parichy Company had no formalized inspection procedure and no control of the work, and therefore, it could not reasonably have been expected to prevent or abate a particular OSHA violation.

1988(Marshall, 566 F.2d at 601 .) Hence, we find Marshall unpersuasive and inapplicable here, since Parichy Company had no formalized inspection procedure and no control of the work, and therefore, it could not reasonably have been expected to prevent or abate a particular OSHA violation.

11988–1988

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (4) USC § 45u.s.c.51 (4) IL § 740 ILCS 174/20 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 24 (1990–2026) OH 22 (1991–2021) IA 15 (1977–2019) IL 15 (1988–2025) IN 9 (1975–2016) NY 7 (1986–2024) CA 6 (1996–2025) NC 6 (1995–2023) TX 6 (2003–2024) LA 5 (1985–2012) PA 5 (2009–2019) CO 4 (1994–2020) FL 4 (1984–2011) CT 4 (1996–2007) MD 3 (2000–2011) KY 3 (2004–2011) WA 2 (1985–1988) DE 2 (2022–2026) AZ 2 (2009–2015) NM 2 (1987–2022) WI 2 (1986–2000) OR 2 (2006–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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