Industry group challenged NYC safety regulations under federal law
The Steel Institute of New York, a trade association of steel erectors and fabricators, filed suit against the City of New York seeking to invalidate certain local construction safety regulations. The case focused on NYC Building Code §28-701.3, which required that horizontal safety netting be used during steel erection on major projects, even though the federal Occupational Safety and Health Administration (OSHA) did not mandate such netting. The Institute claimed that the local rule was preempted by the federal Occupational Safety and Health Act.
The City defended the rule as a reasonable safety measure adopted in response to specific hazards in densely populated urban environments. The Steel Institute sought a declaratory judgment that the local requirement was unenforceable due to field preemption and conflict preemption under the OSH Act.
Court reviewed OSH Act preemption standards
The U.S. District Court for the Southern District of New York examined whether the OSH Act preempted the local safety regulation. The court noted that the OSH Act does not automatically preempt all state and local workplace safety laws. Preemption may arise in two ways: (1) field preemption, where federal regulation is so pervasive that it occupies the field, or (2) conflict preemption, where local law conflicts with federal standards or frustrates federal objectives.
The court found no field preemption, noting that the OSH Act allows states to regulate occupational safety and health in the absence of an approved state plan, provided those laws do not conflict with federal requirements. The court emphasized that the OSH Act permits more stringent state or local standards under certain conditions.
As for conflict preemption, the Steel Institute argued that NYC’s netting rule imposed obligations in excess of federal standards and created compliance burdens for contractors. The court rejected this claim, concluding that the City’s rule did not interfere with federal objectives or contradict OSHA regulations. The rule served a legitimate local interest in protecting workers and pedestrians in the city’s high-density construction zones.
Final outcome
The court upheld New York City’s construction netting regulation, finding that it was not preempted by the federal OSH Act. The Steel Institute’s request for declaratory and injunctive relief was denied.
Help with local and federal safety regulation compliance
If your business operates in a jurisdiction with overlapping local and federal safety rules, Whitcomb, Selinsky PC handles disputes involving OSHA compliance, preemption defenses, and workplace regulation challenges. Reach out to schedule a consultation and learn how our team can assist with your case.
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