2nd Cir.: OSHA Preemption Doesn’t Apply Where City’s Purpose is to Protect the Public

NEW YORK — The 2nd Circuit Court of Appeals has rejected arguments that New York City’s efforts to regulate construction cranes is preempted by federal workplace safety rules, saying an exception applies when the city’s intention is to reduce risks to the general public.

The Circuit Court’s May 7 opinion affirmed a ruling by the U.S. District Court for the Southern District of New York, which granted the City of New York’s motion for summary judgment in a regulatory challenge brought on behalf of crane operators by the Steel Institute of New York.

The Steel Institute sought a declaration that …