Irwin v. St. Joseph's Intercommunity Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Green, J.
At issue on this appeal is whether plaintiffs’ cause of action alleging defendants’ violation of Labor Law § 241 (6) is preempted by Federal regulation of workplace safety pursuant to the Occupational Safety and Health Act of 1970 (29 USC §§ 651-678 [OSH Act]) and the safety and health standards for the construction industry promulgated thereunder by the Secretary of Labor (29 CFR part 1926). We conclude that Federal regulation of occupational safety and health under the OSH Act does not preempt plaintiffs’ Labor Law § 241 (6) cause of action.
Plaintiffs commenced…
2Cases cited35 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
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3Cited by16 opinions
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- Sakellaridis v. Polar Air Cargo, Inc.District Court, E.D. New York · 2000
- Amirr v. Calcagno Construction Co.Appellate Division of the Supreme Court of the State of New York · 1999
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