Beadling v. William Bowman Associates11/14/2002
ndates that the chemical manufacturer or distributor shall ensure that each container is labeled with the " dentity of the hazardous chemical" and " ppropriate hazard warnings." 29 C.F.R. § 1910.1200(f)(1)(i)-(ii).
Moreover, the HCS provides that " he employer shall not remove or deface existing labels" and "shall ensure that labels or other forms of warning are legible . . . prominently displayed on the container, or readily available in the work area throughout each work shift." 29 C.F.R. § 1910.1200(f)(8)-(9). Thus, the HCS regulations not only require manufactures and distributors to place appropriate labels warning of hazardous chemicals upon the container but also forbid the employer from removing or defacing those labels, and further mandate that the employer ensure that the labels placed upon the container by the manufacturer or distributor remain legible.
We begin our analysis with some preliminary observations of the doctrine of preemption. The preemption doctrine is rooted in the second clause of article VI of the United States Constitution, which provides that the laws of the United States "shall be the supreme Law of the Land . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." U.S. Const. art. VI, cl. 2; Feldman v. Lederle Labs., 125 N.J. 117, 133 (1991), cert. denied, 505 U.S. 1219, 112 S. Ct. 3027, 120 L. Ed. 2d 898 (1992). "Federal regulations have the same preemptive effect as federal statutes." Id. at 134. "As long as the agency (1) intended to preempt state law; and (2) acted within the scope of its delegated authority, federal regulations will displace conflicting state laws." R.F. v. Abbott Labs., 162 N.J. 596, 619 (2000). Although the preemption doctrine applies equally to state common law and state statutory law, Feldman, supra, 125 N.J. at 134, "' rdinarily, state causes of action are not pre-empted solely because they impose liability over and above that authorized by federal law.'" English v. Gen. Elec. Co., 496 U.S. 72, 89, 110 S. Ct. 2270, 2280, 110 L. Ed. 2d 65, 81 (1990) (quoting California v. ARC America Corp., 490 U.S. 93, 195, 109 S. Ct. 1661, 1667, 104 L. Ed. 2d 86, 97 (1989)) (alteration in original); see also, Medtronic, Inc v. Lohr, 518 U.S. 470, 495, 116 S. Ct. 2240, 2255, 135 L. Ed. 2d 700, 721 (1996).
When considering issues of preemption, one starts with the assumption that the historic police powers of the states will not be superseded by a federal act absent the clear and manifest purpose of the federal government to do so. Cipollone v. Liggett Group, Inc., 505 U.S. 504, 516, 112 S. Ct. 2608, 2617, 120 L. Ed. 2d 407, 422 (1992). This presumption against preemption is particularly strong when the subject matter involves an area, such as tort compensation, which has traditionally been defined solely by state law. Feldman, supra, 125 N.J. at 137.
The purpose of Congress or the federal agency is the touchstone for analyzing the applicability of preemption. There are several ways to prove preemption. First, "Congress explicitly may express its intent to preempt state law." R.F., supra, 162 N.J. at 645; see also Feldman, supra, 125 N.J. at 134 (citing Schneidewind v. ANR Pipeline Co., 485 U.S. 293, 299, 108 S. Ct. 1145, 1150, 99 L. Ed. 2d 316, 325 (1988)).
Second, "preemption may be inferred where the federal legislation is so comprehensive that it creates the inference that Congress intended to leave no room for state regulation in the area." R.F., supra, 162 N.J. at 645; Dewey v. R.J. Reynolds Tobacco Co., 121 N.J. 69, 77 (1990). Third, " reemption also may be found where state law actually conflicts with federal law." R.F., supra, 162 N.J. at 645. The expression on the part of Co
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