Henry

This case presents a narrow but complex question of preemption. California has promulgated occupational safety regulations as part of its implementation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code, §§ 25249.5-25249.13 (“Proposition 65”). We must decide whether California may enforce these regulations against manufacturers of industrial trucks under the authority of that portion of the state regulations which the state did not incorporate into the state plan it submitted to the federal Occupational Health and Safety Administration (“OSHA”). We hold that the parts of the state regulations not submitted to OSHA, insofar as they apply to industrial trucks, are preempted under the Occupational Safety and Heath Act of 1970, 29 U.S.C. §§ 651-678 , and by OSHA’s Hazard Communication Standard, 29 C.F.R. § 1910.1200 .

I. BACKGROUND

A. The Hazard Communication Standard and California’s State Plan.

The Occupational Safety and Health Act authorizes the Secretary of Labor to promulgate federal occupational safety and health standards. 29 U.S.C. § 655 . 1 Pursuant to this authority, OSHA promulgated the Hazard Communication Standard to…