UNITED AIR LINES, INC. v. DIVISION OF INDUSTRIAL SAFETY OF,
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454 U.S. 944 (1981)
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U.S. Supreme Court
UNITED AIR LINES, INC. v. DIVISION OF INDUSTRIAL SAFETY OF , 454 U.S. 944 (1981)
454 U.S. 944
UNITED AIR LINES, INC.
DIVISION OF INDUSTRIAL SAFETY OF the State of CALIFORNIA et al
Supreme Court of the United States
October 19, 1981
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for writ of certiorari is denied.
Justice WHITE, dissenting.
Petitioner maintains operations and maintenance facilities for its aircraft at San Francisco International Airport. Re-
spondent, the Division of Occupational Safety and Health (formerly Division of Industrial Safety) of the Department of Industrial Relations of the State of California (Cal/OSH), is responsible for a state occupational safety and health enforcement program, approved by the federal Occupational Safety and Health Administration under 29 U.S.C. 667(c). The state enforcement plan applies to all places of employment in California "except a place the health and safety jurisdiction over which is vested by law in, and actively exercised by, any state or federal agency other than [Cal/OSH]." Cal.Lab.Code 6303(a) (West Supp.1981). Under 605(b) of the Federal Aviation Act, 72 Stat. 778, as amended, 49 U. S.C. 1425(b), the Federal Aviation Administrator is required to
- "employ inspectors who shall be charged with the duty (1) of making such inspections of aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture, and while used by an air carrier in air transportation, as may be necessary to enable the Secretary of Transportation to determine that such aircraft, aircraft engines, propellers, and appliances are in safe condition and are properly maintained for operation in air transportation . . . ."
Petitioner contends that the operation of the federal scheme of Federal Aviation Administration (FAA) supervision pre-empts enforcement of the state scheme by Cal/OSH.
Between June 1976 and August 1978, Cal/OSH conducted a number of inspections of petitioner's San Francisco facilities. As a result of these inspections, a number of citations were issued, alleging violations of various health and safety standards. In each instance, United contested the citations, arguing that Cal/OSH lacked jurisdiction over its facilities because of pre-emption by the FAA. Prior to the completion of litigation in the state agencies and courts, United filed a complaint in Federal District Court, seeking declaratory and injunctive relief against further Cal/OSH inspections and citations.* [454 U.S. 944 , 946]