"had to use what he was given to use"
First and foremost, let's leave the issue where it belongs: on personal responsibility.
No one stood behind him with a gun to his head to make him do it, so let's start out by rewording that to "chose to use what he was given to use". There have been several instances in my work life where I was tasked with doing something that would be dangerous (like one driving an F850 flatbed truck loaded with anti-freeze 100 miles between towns on slick winter roads with bald tires). I refused pending new rubber. Yes, they could have fired me but in no case did the employer refuse my reasonable request. Being unemployed would be better than dead or injured. America has places for the unemployed to eat and sleep. It was my personal responsibility to refuse or accept the consequences.
Second, under oath, he testified he removed the rip fence and safety guard before the cut. This is pure stupidity. Again, personal responsibility says you don't operate a dangerous piece of equipment without knowing how to use it safely. No one with an eighth of a brain can remove the blade guard from a table saw, see the dozens of sharp carbide teeth, turn on the saw and watch them spin very fast and not think "Oooooh... this is dangerous."
Third, you do not defeat any safety device unless you're *damned* sure what you're about to do is safe and not the reason for the device's placement to begin with. If you do, you assume the "personal responsibility" for your personal action.
Hmm... is there a common thread here?
The mentality of blaming others for ones stupid actions may be the norm in many places on the globe but it's contra to how America was formed and what has made it what it is.
For my sources I refer you to Popular Woodworking - Court Documents: Osorio Wasn't Using the Guard or Rip Fence
Should you wish to get closer to the source, go to
Osorio v. One World Technologies, Inc. et al 1:06-cv-10725 Massachusetts Federal District Court Docket Page 3
and dig through the hundreds of documents there.