Gade v. National Solid Wastes Management Assn.

112 S. Ct. 2374, 6 Fla. L. Weekly Fed. S 456, 120 L. Ed. 2d 73, 505 U.S. 88, 60 U.S.L.W. 4587, 22 Envtl. L. Rep. (Envtl. Law Inst.) 21073, 92 Cal. Daily Op. Serv. 5098, 15 OSHC (BNA) 1673, 1992 U.S. LEXIS 3686, 92 Daily Journal DAR 8187, 1992 CCH OSHD 29,709
Supreme Court of the United States·Decided June 18, 1992·No. 90-1676·Published·Cited by 956 cases

Opinions

Justice O’Connor

announced the judgment of the Court and delivered the opinion of the Court with respect to Parts

I, III, and IV, and an opinion with respect to Part II

in which The ChieF Justice, Justice White, and Justice Scalia join.

In 1988, the Illinois General Assembly enacted the Hazardous Waste Crane and Hoisting Equipment Operators Licensing Act, Ill. Rev. Stat., eh. Ill, ¶¶ 7701-7717 (1989), and the Hazardous Waste Laborers Licensing Act, Ill. Rev. Stat., ch. Ill, ¶¶ 7801-7815 (1989) (together, licensing acts). The stated purpose of the licensing acts is both “to promote job safety” and “to protect life, limb and property.” ¶¶ 7702, 7802. In this case, we consider whether these “dual impact” statutes, which protect both workers and the general public, are pre-empted by the federal Occupational Safety and Health Act of 1970, 84 Stat. 1590, 29 U. S. C. §651 et seq. (OSH Act), and the standards promulgated thereunder by the Occupational Safety and Health Administration (OSHA).

[92]*92I

The OSH Act authorizes the Secretary of Labor to promulgate federal occupational safety and health standards. 29 U. S. C. § 655. In the Superfund Amendments and Reau-thorization Act of 1986 (SARA), Congress directed the Secretary of Labor to “promulgate standards for the health and safety protection of employees engaged in hazardous waste operations” pursuant to her authority under the OSH Act. SARA, Pub. L. 99-499, Title I, §126, 100 Stat. 1690-1692, codified at note following 29 U. S. C. § 655. In relevant part, SARA requires the Secretary to establish standards for the initial and routine training of workers who handle hazardous wastes.

In response to this congressional directive, OSHA, to which the Secretary has delegated certain of her statutory responsibilities, see Martin v. Occupational Safety and Health Review Comm’n, 499 U. S. 144, 147, n. 1 (1991), promulgated regulations on “Hazardous Waste Operations and Emergency Response,” including detailed regulations on worker training requirements. 51 Fed. Reg. 45654, 45665-45666 (1986) (interim regulations); 54 Fed. Reg. 9294, 9320-9321 (1989) (final regulations), codified at 29 CFR § 1910.120 (1991). The OSHA regulations require, among other things, that workers engaged in an activity that may expose them to hazardous wastes receive a minimum of 40 hours of instruction off the site, and a minimum of three days actual field experience under the supervision of a trained supervisor. § 1910.120(e)(3)(i). Workers who are on the site only occasionally or who are working in areas that have been determined to be under the permissible exposure limits must complete at least 24 hours of off-site instruction and one day of actual field experience. §§ 1910.120(e)(3)(ii) and (iii). On-site managers and supervisors directly responsible for hazardous waste operations must receive the same initial training as general employees, plus at least eight additional hours of specialized training on various health and safety [93]*93programs. § 1910.120(e)(4). Employees and supervisors are required to receive eight hours of refresher training annually. § 1910.120(e)(8). Those who have satisfied the training and field experience requirement receive a written certification; uncertified workers are prohibited from engaging in hazardous waste operations. § 1910.120(e)(6).

In 1988, while OSHA’s interim hazardous waste regulations were in effect, the State of Illinois enacted the licensing acts at issue here. The laws are designated as acts “in relation to environmental protection,” and their stated aim is to protect both employees and the general public by licensing hazardous waste equipment operators and laborers working at certain facilities. Both licensing acts require a license applicant to provide a certified record of at least 40 hours of training under an approved program conducted within Illinois, to pass a written examination, and to complete an annual refresher course of at least eight hours of instruction. Ill. Rev. Stat., ch. Ill, ¶¶ 7705(c) and (e), 7706(c) and (d), 7707(b), 7805(c) and (e), 7806(b). In addition, applicants for a hazardous waste crane operator’s license must submit “a certified record showing operation of equipment used in hazardous waste handling for a minimum of 4,000 hours.” ¶ 7705(d). Employees who work without the proper license, and employers who knowingly permit an unlicensed employee to work, are subject to escalating fines for each offense. ¶¶ 7715, 7716, 7814.

The respondent in this case, National Solid Wastes Management Association (Association), is a national trade association of businesses that remove, transport, dispose, and handle waste material, including hazardous waste. The Association’s members are subject to the OSH Act and OSHA regulations, and are therefore required to train, qualify, and certify their hazardous waste remediation workers. 29 CFR §1910.120 (1991). For hazardous waste operations conducted in Illinois, certain of the workers employed by the Association’s members are also required to obtain licenses [94]*94pursuant to the Illinois licensing acts. Thus, for example, some of the Association’s members must ensure that their employees receive not only the 3 days of field experience required for certification under the OSHA regulations, but also the 500 days of experience (4,000 hours) required for licensing under the state statutes.

Shortly before the state licensing acts were due to go into effect, the Association brought a declaratory judgment action in United States District Court against Bernard Killian, the former Director of the Illinois Environmental Protection Agency (IEPA); petitioner Mary Gade is Killian’s successor in office and has been substituted as a party pursuant to this Court’s Rule 35.3. The Association sought to enjoin IEPA from enforcing the Illinois licensing acts, claiming that the acts were pre-empted by the OSH Act and OSHA regulations and that they violated the Commerce Clause of the United States Constitution. The District Court held that state laws that attempt to regulate workplace safety and health are not pre-empted by the OSH Act when the laws have a “legitimate and substantial purpose apart from promoting job safety.” App. to Pet. for Cert. 54. Applying this standard, the District Court held that the Illinois licensing acts were not pre-empted because each protected public safety in addition to promoting job safety. Id., at 56-57. The court indicated that it would uphold a state regulation implementing the 4,000-hour experience requirement, as long as it did not conflict with federal regulations, because it was reasonable to conclude that workers who satisfy the requirement “will be better skilled than those who do not; and better skilled means fewer accidents, which equals less risk to public safety and the environment.” Id., at 59. At the same time, the District Court invalidated the requirement that applicants for a hazardous waste license be trained “within Illinois” on the ground that the provision did not contribute to Illinois’ stated purpose of protecting public safety.

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Gade v. National Solid Wastes Management Assn., 112 S. Ct. 2374, 6 Fla. L. Weekly Fed. S 456, 120 L. Ed. 2d 73, 505 U.S. 88, 60 U.S.L.W. 4587, 22 Envtl. L. Rep. (Envtl. Law Inst.) 21073, 92 Cal. Daily Op. Serv. 5098, 15 OSHC (BNA) 1673, 1992 U.S. LEXIS 3686, 92 Daily Journal DAR 8187, 1992 CCH OSHD 29,709 (U.S. 1992).

112 S. Ct. 2374 (Gade v. National Solid Wastes Management Assn.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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