Solus Industrial Innovations, LLC v. Superior Court of Orange CountyAnnotate this Case
The federal Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 651 et seq., does not preempt unfair competition and consumer protection claims based on workplace safety and health violations when, as in California, there is a state plan approved by the federal Secretary of Labor.
The Division of Occupational Safety and Health charged Solus Industrial Innovations, LLC with five violations of state occupational safety and health regulations. The District Attorney of Orange County subsequently filed this action for civil penalties under the state’s unfair competition law (UCL), Cal. Bus. & Prof. Code 17200, and fair advertising law (FAL), Cal. Bus. & Prof. Code 17500. The court of appeal concluded that the federal OSH Act preempted the district attorney’s UCL and FAL claims. The Supreme Court reversed, holding that there was no implied or express preemption of the district attorney’s UCL and FAL claims.