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Constitutional Law Keyed to Cohen
Gade v. National Solid Waste Management Association
Facts
The statues that were the subject of this case were the 1988 Hazardous Waste Crane and Hoisting Equipment Operators Licensing Act and the Hazardous Waste Laborers Licensing Act of Illinois versus the federal Occupational Safety and Health Act of 1970 promulgated by the Occupational Safety and Health Administration (OSHA). The Illinois licensing acts required the license applicant to provide a certified record of at least forty hours of training under an approved program conducted within Illinois, to pass a written exam and to complete an annual refresher course of at least eight hours. The applications for the hazardous waste crane operators license must submit a certified record showing operation of equipment used in hazardous waste handling for a minimum of 4,000 hours. The OSHA regulation required the workers to have forty hours of training off the site, a minimum of three days actual field experience under the supervision of a trained supervisor, managers would have an additional eight hours of specialized training on various health and safety programs and all were required to receive eight hours of refresher training annually. The OSHA regulation further expressed two areas that were saved from federal preemption. One was state worker compensation laws and the second was Section 18(a) which stated that the Act did not prevent any state agency or court from asserting jurisdiction under state law over any occupational safety or health issue with respect to which no federal standard is in effect. Section 18(b) allowed states to assume responsibility for the development and enforcement of occupational safety and health standards relating to those that the Federal standard addressed.
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