Rogue spy agencies commit acts of vigilantism, illegally conduct foreign operations in Canada, and obviously lack a human resources department. We also learned on Agents of SHIELD that no one had read the OSHA regulations before entering an alien city in Puerto Rico that had been sealed for centuries.
Does Mack have a cause of action against Director Phil Coulson for his workplace injuries in Attilan? Would a Court find such failures to follow OSHA regulations inhuman?
Let’s examine the basic facts: Mack is lowered into a confined space that has no windows or ventilation for hundreds, if not thousands, of years. Mack did not wear any protective clothing or wear an oxygen mask while entering the unsealed and unventilated confined space. Furthermore, there was no evidence of testing the air quality of the secret city entrance, other then the mini-drones called Dwarves becoming non-operational.
Employers are to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 29 USC 654. Ensuring that a work area has an acceptable air quality for human habitation is part of these requirements ensuring employee safety.
OSHA recognizes that “Airborne contaminants can present a significant threat to worker health and safety.” As such, testing for airborne contaminants and determining what protective equipment is necessary to ensure the safety of employees is not one to be ignored, especially in ancient alien civilizations that destroy human tissue upon the touch.
If a work environment has “substances with a high degree of hazard to the skin are known or suspected to be present, and skin contact is possible,” then an employee should be protected by wearing the following:
Pressure-demand, full-face-piece SCBA or pressure-demand supplied air respirator with escape SCBA.
Fully encapsulating, chemical resistant suit.
Inner chemical-resistant gloves.
Chemical-resistant safety boots/shoes.
Two-way radio communications.
OSHA, Air Quality, Table 8-6, Sample Protective Ensembles
Mack did not have any such protection while being lowered into Attilan.
Upon coming in contact with the floor of the alien room, Mack immediately went into physical distress, developing alien markings upon his arm, his eyes changing color, and becoming physically violent to his coworkers.
It is noble that Director Coulson had a acceptable loss rate of zero for the operation in San Juan, however, providing Mack with proper protective clothing would have helped achieve that goal.
Mack might have assumed the risk of entering Attilan, given what was known about the Diviner and its destructive power on human beings. However, that knowledge should have been a warning to the SHIELD Agents to wear the proper protective clothing before entering a confined space of alien origin with unknown air quality. A Court finding otherwise would simply be Inhuman.
