Workplace Do’s and Don’ts: Wisconsin Safe-Place Statute
In the 1970’s, Pabst Brewing Company hired Gerald Lorbiecki, an independent contractor, to cut out and remove asbestos insulated pipes. Lorbiecki then contracted and died of mesothelioma, a cancer linked to asbestos exposure. Fast forward to 2026, the Wisconsin Supreme Court upheld a ruling that saw Pabst Brewing Company liable for punitive damages under the Wisconsin Safe-Place Statute. The outcome of Estate of Lorbiecki v. Pabst Brewing Co. reiterates just how important workplace safety standards are for employees, contractors, and the employers who may be subject to paying penalties. No matter where you fall in the employer-employee relationship, understanding safety regulations will ensure unfortunate accidents, illnesses, and costs are avoided.
Employer-Provided Protections
Under the Wisconsin Safe-Place Statute, employers are required to provide a safe environment at any location where work is performed. As seen in Estate of Lorbiecki v. Pabst Brewing Co., these protections must also extend to visitors and hired contractors. To provide a safe environment under the Safe-place Statute, employers must:
- Adopt processes that render the workplace safe
- Furnish and use safety equipment and safeguards
- Conduct regular maintenance to ensure ongoing safety
- Do what is reasonably necessary to the safety, health, and general welfare of employees and visitors
Employee Responsibilities
The law sees safety as a two-way street. While employers are responsible for creating a safe work environment, employees are prohibited from tampering with or removing any safeguards. Employees are also not allowed to interfere with another employee’s use of safety measures and processes. The Safe-Place Statute also aims to stop employees from failing to do everything reasonably necessary to protect the general welfare of fellow employees and visitors.
Workers’ Injuries
The Wisconsin Safe-Place Statute is the state’s original workplace safety law. While the Occupational Safety and Health Act (OSHAct) preempts the Safe-Place statute, it still plays a key role in tort action and Wisconsin Worker’s Compensation law. When an employee experiences injury at work, the Safe-Place Statute is important for establishing liability in Worker’s Compensation disputes. In the case of Lorbiecki, he suffered an exposure injury at the hands of his employer. The Safe-Place statute outlined where Pabst Brewing fell short on protections and the Worker’s Compensation law helped to define his injury as work related and to outline possible remedies.
The importance of these safety laws cannot be understated. Everyone, no matter where they fall on the company ladder, deserves to work in a place that values their wellbeing. With the State Supreme Court upholding the ruling in favor of Lorbiecki and employee safety, employers should revisit their safety standards and make sure they are up to date. For more guidance on safety policies, contact Walcheske & Luzi for a consultation.