Question:
Lactos Laboratories is an interstate manufacturer of animal feed concentrates. In the course of its manufacturing process, the company uses fish parts that are treated with sulfuric acid when packaged. One night, a truck delivering the fish parts deposited the mixture into a Lactos tank, which overflowed into an adjacent room in the basement and filled it to a depth of 31 inches. The company used a pump to get rid of most of the overflow but ordered the employees to enter the room when the level had decreased 3 to 4 inches to clean up the remaining debris and to repair some pumps. The employees who entered were almost immediately overcome by hydrogen sulfide gas (caused when the sulfur came into contact with iron sulfide particles that had fallen from the ceiling), as were those who tried to help them. Lactos had no emergency equipment available and had taken no safety precautions to cope with accumulations of the gas. In the end, three employees died and two were seriously injured. Lactos defended itself against violations cited by OSHA by claiming that the sulfide gas was an unforeseeable hazard. Do you agree? [Brennan v. OSHA Review Commission, 494 F.2d 460 (8th Cir. 1974).]