Gade v. National Solid Wastes Management Assn., 505 U.S. 88, 33 (1992)

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Cite as: 505 U. S. 88 (1992)

Opinion of O'Connor, J.

agency or court from asserting jurisdiction under State law over any occupational safety or health issue with respect to which no [federal] standard is in effect." 29 U. S. C. § 667(a).

Congress not only reserved certain areas to state regulation, but it also, in § 18(b) of the Act, gave the States the option of pre-empting federal regulation entirely. That section provides:

"Submission of State plan for development and enforcement of State standards to preempt applicable Federal standards.

"Any State which, at any time, desires to assume responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a Federal standard has been promulgated [by the Secretary under the OSH Act] shall submit a State plan for the development of such standards and their enforcement." 29 U. S. C. § 667(b).

About half the States have received the Secretary's approval for their own state plans as described in this provision. 29 CFR pts. 1952, 1956 (1991). Illinois is not among them.

In the decision below, the Court of Appeals held that § 18(b) "unquestionably" pre-empts any state law or regulation that establishes an occupational health and safety standard on an issue for which OSHA has already promulgated a standard, unless the State has obtained the Secretary's approval for its own plan. 918 F. 2d, at 677. Every other federal and state court confronted with an OSH Act pre-emption challenge has reached the same conclusion,1 and so do we.

1 E. g., Associated Industries of Massachusetts v. Snow, 898 F. 2d 274, 278 (CA1 1990); Environmental Encapsulating Corp. v. New York City, 855 F. 2d 48, 55 (CA2 1988); United Steelworkers of America v. Auchter, 763 F. 2d 728, 736 (CA3 1985); Farmworker Justice Fund, Inc. v. Brock, 258 U. S. App. D. C. 271, 283-284, 811 F. 2d 613, 625-626, vacated on other grounds, 260 U. S. App. D. C. 167, 817 F. 2d 890 (1987) (en banc); Ohio

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