U.S. Supreme Court

Case Status


Docket Number


Cert. Denied

Lower Court Opinion


Questions Presented

Whether the Occupational Safety and Health Act “preempts all state occupational safety and health laws” relating to issues covered by federal standards “unless they are included in the state plan,” as the Ninth Circuit has held, Indus. Truck Ass’n v. Henry, 125 F.3d 1305, 1311 (9th Cir. 1997); or whether a state may employ supplemental enforcement mechanisms for workplace safety standards even if not included in the state plan, as the Supreme Court of California held in this case.

Case Updates

Cert. petition denied

October 15, 2018

U.S. Chamber files amicus brief urging Supreme Court to grant cert. to resolve whether the Occupational Safety and Health Act preempts state enforcement mechanisms not included in the state’s federally approved workplace safety plan

July 27, 2018

Click here to view the Chamber’s brief.

Hyland Hunt and Ruthanne M. Deutsch of Deutsch Hunt PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents