A bill to protect American workers and responders by ensuring the continued commercial availability of respirators and to establish rules governing product liability actions against manufacturers and sellers of respirators.
Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture.
Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee (thus subjecting the manufacturer or seller to liability for a claim).
Preempts all state and local laws with regard to such claims.
Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller.
Applies this Act to any action than has not proceeded to trial as of the date of enactment.
Sponsor introductory remarks on measure. (CR H8953)
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8320-8321)
Read twice and referred to the Committee on the Judiciary.
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