Gade v. National Solid Wastes Mgmt

In Gade v. National Solid Wastes Mgmt., 505 U.S. 88, 100, 120 L. Ed. 2d 73, 112 S. Ct. 2374 (1992), the Supreme Court held that non-approved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted as in conflict with the full purposes and objectives of the Act, even if it merely supplements the federal standard. Id. at 98-100. The Court further asserted: "A state law that expressly declares a legislative purpose of regulating occupational health and safety would, in the absence of an approved state plan, be preempted by an OSH Act standard regulating the same subject matter." Id. at 105. When assessing the purpose of a challenged statute, we look beyond the name, description, or characterization given it and also consider the practical impact of the law. Gade v. National Solid Wastes Mgmt., 505 U.S. 88, 105-06, 120 L. Ed. 2d 73, 112 S. Ct. 2374 (1992). Essentially, the Court held that if a state wishes to regulate an issue of worker safety for which a federal standard is in effect, its only option is to obtain the prior approval of the Secretary of Labor, as described in section 667 of the Act. 505 U.S. at 103-04.