State Ex Rel. Scott v. Industrial Commission

{¶ 32} In cases like this — where the employer knows of a potential hazard regarding air quality in its workplace but does not periodically undertake testing to determine whether the air quality is safe and an employee suffers an injury related to air quality — the burden of proof should be placed on the employer to prove that it should not be liable for a violation of a specific safety requirement (“VSSR”). The employer in this case, Country Saw & Knife, Inc. (“Country Saw”), knew long before it hired the claimant, Troy Scott, that the environment in which its employees were working was…