Emerson Electric Co. v. Superior Court of California, Orange County

U.S. Supreme Court

Question(s) 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. 

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