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Constitutional Law Keyed to Varat
Gade v. National Solid Wastes Management Association
Citation:
505 U.S. 88, 112 S.Ct. 2374, 120 L.Ed.2d 73 (1992).Facts
In 1970, Congress enacted the Occupational Safety and Health Act (OSH) and established the Occupational Safety and Health Administration (OSHA). OSHA mandated certain worker’s safety training. Section 18(b) of OSH gave States the option to preempt the federal regulations. To do so, a State would have to submit its own plan for occupational safety to the Secretary of Labor. About half the States submitted plans to the Secretary and received approval for them. Illinois, however, did not submit a plan. Instead, the Illinois legislature enacted two worker’s safety statutes which also required mandatory safety training. The National Solid Wastes Management Association alleged that the Illinois regulations were preempted by the federal scheme.
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Topic Resources
Topic Outline
State Power (Federalism)