In restaurant negligence and injury litigation, establishing the “standard of care” is often the pivot point of the entire case. While general negligence principles apply, the Occupational Safety and Health Administration (OSHA) standards frequently serve as the baseline for determining whether a restaurant operator acted responsibly.

As a restaurant expert witness, I frequently analyze whether a failure to adhere to specific OSHA regulations contributed to an injury—whether it involves a slip and fall, a kitchen burn, or a machinery accident.

Here is what attorneys need to know about applying OSHA standards to restaurant liability cases.

Does OSHA Apply to Restaurants?

Yes. Under the OSHA Act of 1970, restaurant employers are responsible for providing a safe and healthful workplace. While OSHA primarily protects employees, these standards are critical evidence in civil litigation involving patrons.

If a restaurant violates an OSHA safety regulation that results in an employee injury, it often signals a broader breakdown in management standards that puts customers at risk as well.

Common OSHA Violations in Restaurant Litigation

When reviewing case files for plaintiff or defense counsel, I look for documentation regarding these specific “Fatal Four” restaurant hazards:

1. Slip, Trip, and Fall Hazards (29 CFR 1910.22) Flooring surfaces must be kept clean and dry. In restaurant slip and fall cases, we look for:

• Lack of drainage in wet areas (dish pits, bars).
• Missing non-slip mats in high-traffic transition zones.
• Failure to use “Wet Floor” signage during cleaning.

2. Hazard Communication (HazCom) Restaurants use industrial-strength degreasers and sanitizers. Failure to train staff on these chemicals (SDS sheets) can lead to toxic exposure claims or chemical burns.

3. Burn and Fire Safety Deep fryers and ranges are high-risk zones. OSHA standards require specific clearance and protective gear. A “coffee burn” or grease splash case often hinges on whether the staff was trained to use equipment according to manufacturer and OSHA guidelines.

How an Expert Witness Uses OSHA Findings

In a courtroom, simply citing a regulation isn’t enough. As your restaurant liability expert, I bridge the gap between the code and the incident by asking:

• Did the restaurant have a written safety plan as required?
• Was the hazard “open and obvious,” or was it a code violation hidden from the patron?
• Did management enforce their own safety training, or was it just “paper compliance”?

Key Takeaway: A violation of OSHA standards can be powerful evidence of negligence per se or, at minimum, a failure to meet the reasonable standard of care expected in the hospitality industry.