The focus of the “New Federalism” is supposed to be the return of regulation to state and local government. The Occupational Safety and Health Administration's (OSHA's) Hazard Communication Standard is a radical departure from the just-stated policy. The standard calls for preemption of state and local regulation in occupational settings. Also, regulation is limited to Standard Industrial Classification (SIC) Codes 20 through 39: the majority of workers therefore are not covered.

The standard is being challenged on legal grounds by the United Steelworkers of America and by state and other government entities who filed as intervenors. The trade secret claim provision is too broad and is without adjudicatory remedy for workers and representatives. The addendum outlines the court's decision in favor of the unions.