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A Hawaii appellate court recently affirmed a decision upholding a citation for a “serious” violation issued by the Hawaii Occupational Safety and Health Division (HIOSH), rejecting a key defense because the employer didn’t follow its own unnecessarily strict safety policy.
Disputes about environmental preemption usually make news in the context of disagreements over federal versus state statutory and constitutional authority. (Note that preservation of state power was probably the major final obstacle holding up Congressional passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which reformed the federal Toxic Substances Control […]