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Blog/Msu University Respirator Lawsuit Compliance

When Safety Protocols Fail: The MSU $100M Lawsuit and Multi-Location Compliance

Michigan State University graduate student spent 7,000+ hours spraying toxic pesticides without respiratory protection. Thirteen years later, she was diagnosed with thyroid cancer. Learn critical OSHA compliance lessons for multi-campus research institutions.

18 min read
RespiratorTest Team

Published November 19, 2025

This isn't just a tragic story—it's a wake-up call for every university managing respiratory protection across multiple laboratories, buildings, and campuses. The case exposes systemic compliance failures that could exist at any research institution. Understanding what went wrong at MSU—and why academic institutions struggle uniquely with OSHA compliance—reveals both the urgent need for change and the path forward through centralized, technology-enabled respiratory protection management.

What Happened at Michigan State University

Between 2008 and 2011, LingLong Wei pursued her master's degree in Horticulture at MSU, conducting field research that required extensive pesticide application. She sprayed paraquat dichloride, glyphosate, and oxyfluorfen—known carcinogens linked to thyroid cancer—for up to eight hours daily without respiratory protection.

According to the lawsuit filed in August 2025, Wei repeatedly requested safety equipment and training but was denied. Chemicals "would often blow into Ms. Wei's face" during operations, and she experienced shortness of breath starting in 2010. MSU's health center dismissed these symptoms as anxiety rather than investigating toxic exposure.

Alleged OSHA Violations
  • No respiratory masks provided despite clear requirements for pesticide handlers
  • No medical evaluation to determine ability to wear respirator safely
  • No fit testing to ensure proper seal and protection
  • No training on hazards or protective measures
  • Supervisors falsely reassured employee that exposure was harmless

In July 2024, Wei was diagnosed with papillary thyroid carcinoma. She underwent complete thyroid removal, leaving a permanent surgical scar and requiring lifelong hormone replacement therapy. She now faces chronic fatigue, concerns about infertility, ongoing cancer monitoring, and an uncertain future—all potentially preventable with basic respiratory protection compliance.

Attorney Maya Green stated bluntly: "She was subjected to hazardous pesticides without proper gloves, without proper protective equipment, without proper respiratory masks, without proper training. Ms. Wei was thrown out there to spray these pesticides and herbicides without being protected."

MSU's Response

A spokesperson emphasized that "Michigan State University prioritizes the health and safety of our entire campus community" and that "appropriate and required training and necessary personal protective equipment is provided in compliance with applicable university policies and state and federal laws."

However, the lawsuit alleges MSU "failed to comply with fundamental safety protocols and governmental regulations" and has "violated countless safety protocols and governmental regulations" resulting in previous "sanctions and fines."

Notably, MSU has a written Respiratory Protection Program stating compliance with OSHA 1910.134 and Michigan OSHA standards. The gap between policy and practice—between what's written and what happens in the field—is where compliance failures occur and where lives are endangered.

Why This Case Matters Beyond MSU

The Wei lawsuit isn't an isolated incident but a symptom of systemic challenges in academic respiratory protection compliance. Research shows that at least one significant incident occurs in a university laboratory every month in the U.S., according to the Chemical Safety Board's preliminary data on 120 incidents over a decade.

UCLA (2008)

Research assistant Sheri Sangji died from chemical burns. University cited for training failures. $123,000 in OSHA fines.

Texas Tech (2010)

Graduate student Preston Brown lost three fingers and an eye in explosion. Inadequate safety protocols cited.

University of Hawaii (2016)

Postdoc Thea Ekins-Coward lost her arm in tank explosion. $115,500 in OSHA fines plus $716,000 damages.

OSHA's Respiratory Protection Requirements for Universities

The Occupational Safety and Health Administration's Respiratory Protection Standard (29 CFR 1910.134) establishes comprehensive requirements that apply to all employers, including universities. When respiratory hazards exist—and they do in research laboratories—compliance is mandatory, not optional.

OSHA RequirementDetailsCommon Violations
Written ProgramWorksite-specific procedures covering selection, medical evals, fit testing, training, maintenanceGeneric templates not updated for actual hazards
Program AdministratorQualified person overseeing compliance across all locationsNo designated administrator for multi-campus programs
Medical EvaluationPLHCP determines ability to wear respirator safely before useGraduate students using respirators without clearance
Fit TestingAnnual qualitative or quantitative testing for tight-fitting respiratorsExpired fit tests, no testing for new respirator models
TrainingInitial and annual training on hazards, limitations, proper useOnly 70% of academic researchers receive ANY training
Record RetentionMedical records: 30 years. Fit test records: until next testLost records during personnel turnover, decentralized storage
Are Graduate Students Covered by OSHA?

Yes. Graduate students conducting research under university direction are considered employees covered by OSHA 1910.134, even though students working independently on coursework may not be. This creates gray areas that some institutions exploit.

The Laboratory Standard (29 CFR 1910.1450) specifically addresses academic research facilities, requiring respiratory protection when exposure exceeds permissible limits.

OSHA Enforcement and Penalties

OSHA's enforcement has intensified. Penalties increased 76% in 2016 to compensate for 26 years of stagnant enforcement. As of January 2025:

Serious Violations

Up to $16,550

Per violation. Can be cited per employee, per location.

Willful/Repeat Violations

Up to $165,514

Per violation. 2018 ruling allows lookback beyond 5 years.

Why Universities Struggle With Respiratory Protection Compliance

Academic institutions face distinctive challenges that industrial facilities don't encounter. Understanding these barriers is essential to developing effective solutions.

Decentralized Operations

Principal Investigators function as independent operators with substantial autonomy. Each lab operates with its own procedures, culture, and risk tolerance.

The problem: EHS departments lack authority to mandate compliance without navigating complex academic hierarchies.

Transient Workforce

Over 65,000 postdocs work at U.S. universities with 20% annual turnover. Continuous training demands, loss of institutional knowledge.

The problem: Only 70% receive ANY safety training, just 26% within 30 days of starting work.

Multi-Location Complexity

Large universities operate hundreds of labs across dozens of buildings, potentially on multiple campuses. University of Washington inspects 4,000+ lab rooms.

The problem: Manual tracking can't coordinate medical evals, fit testing, and training at this scale.

Weak Accountability

No faculty member has lost their job due to a student injury or death. Research productivity is rewarded; safety compliance is not.

The problem: When consequences are minimal and rewards are for research, systemic change is unlikely.

The Multi-Location Compliance Solution

Leading universities demonstrate that robust respiratory protection compliance is achievable even in complex, multi-location academic environments. The key is combining centralized program administration with technology-enabled distributed execution.

The Hybrid Model That Works

Successful programs balance central oversight with departmental implementation:

  • Centralized EHS Department

    Develops standardized policies, conducts hazard assessments, provides fit testing, coordinates medical evaluations, maintains centralized records

  • Departmental Coordinators

    Implement programs locally, identify lab-specific hazards, ensure day-to-day compliance, build culture of ownership

  • Digital Platforms

    Reduce admin burden by 60%, eliminate data silos, provide real-time visibility, automate critical compliance tasks

Technology Platforms That Transform Compliance

Digital respiratory protection management systems fundamentally change what's possible in multi-location compliance:

✅ Centralized Medical Evaluations
  • Online questionnaires route to PLHCPs
  • Clearances documented automatically
  • Expiration reminders prevent lapses
  • No paper forms lost in department files
✅ Automated Fit Testing
  • Direct integration with PortaCount equipment
  • Automated annual testing reminders
  • Results linked to employee records
  • Expired tests flagged immediately
✅ Training Tracking
  • Auto-assign based on lab and respirator type
  • Web delivery for flexible completion
  • Real-time progress tracking
  • Annual refresher scheduling
✅ Multi-Location Visibility
  • Real-time compliance across all campuses
  • Drill down from university to individual
  • Audit-ready reports in minutes
  • Identify systemic issues early

ROI for Universities: The Numbers

Example: Large Research University

Traditional Clinic Approach:

• 5,000 lab workers requiring respirators
• Clinic cost: $150 × 5,000 = $750,000
• Employee time: 3 hours × $25/hr × 5,000 = $375,000
• Total: $1,125,000/year

Online Evaluation Approach:

• 5,000 lab workers
• Online cost: $17 × 5,000 = $85,000
• Employee time: 15 min × $25/hr × 5,000 = $31,250
• Total: $116,250/year


Annual Savings: $1,008,750 (90% reduction)

Plus: Eliminates 15,000+ hours of student/staff time traveling to clinics

Compliance Checklist for University EHS Directors

  • Inventory all departments requiring respirators
  • Verify medical evaluations for every respirator user (including grad students)
  • Implement centralized compliance tracking across all campuses
  • Establish multi-campus coordination protocol
  • Train department admins on OSHA requirements
  • Set up automated renewal reminders (medical evals, fit tests, training)
  • Conduct hazard assessments for all laboratory operations
  • Implement 30-year record retention system

Conclusion: Invest in Protection, Prevention, and Peace of Mind

LingLong Wei's story should never have happened. A comprehensive respiratory protection program with proper hazard assessment, medical evaluation, fit testing, training, and oversight would have prevented her exposure. The MSU case isn't about one university's failure—it reveals systemic challenges facing academic institutions nationwide.

The gap between policy and practice is where compliance failures occur and where lives are endangered. Universities like the University of Washington, Stanford, and Columbia demonstrate that with proper systems, structure, and technology, even complex academic environments can achieve and maintain robust compliance.

Don't wait for a lawsuit, an OSHA inspection, or a preventable illness to expose compliance gaps. The cost of non-compliance—measured in fines, litigation, reputational damage, and human suffering—far exceeds investment in proactive programs.

RespiratorTest.com's enterprise respiratory protection platform is purpose-built for multi-campus research institutions. We provide the centralized oversight, automated workflows, and comprehensive documentation that universities need to protect their people and meet OSHA requirements.

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