California Labor Federation v. California Occupational Safety & Health Standards Board

I. Introduction

In this case we consider whether respondent California Occupational Safety and Health Standards Board (the Board) has a duty under Proposition 97 (the State Occupational Safety and Health Plan Initiative) to include the warning and enforcement provisions of Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) in the state plan for occupational safety and health (the state plan). We conclude that the Board does have such a duty.

Petitioners ask this court to invoke its original jurisdiction and issue a writ of mandamus ordering the Board to include in the state plan the warning and enforcement provisions of Proposition 65. (Health & Saf. Code, § 25249.5 et seq.) They contend that the Board has a ministerial duty to include Proposition 65 in the state plan under Proposition 97 which, inter alia, amended Labor Code section 50.7, subdivision (a), to, in petitioners’ view, require the Board to avoid federal preemption of state laws governing occupational safety and health by ensuring that the state plan is consistent with all such laws. Petitioners urge that if Proposition 65 is not included in the state plan, it may be preempted and…