The Ohio Supreme Court recently held OSHA test results could be used as evidence to defeat a VSSR. In State ex rel. Scott v. Indus. Comm., (June 18, 2013) the employer successfully argued levels of metal dust particles were below permissible exposure limits based on OSHA testing results.  The Supreme Court held OSHA test results could be used to determine the employer had not violated a regulation requiring employers to provide respiratory protection.  The court also noted the presence of an occupational disease does not necessarily establish that a hazardous concentration of a contaminant existed because a person may have an abnormal sensitivity to the contaminants.