San Francisco Officials Appeal Healthy Security Ordinance Ruling

The U.S. Court of Appeals for the Ninth Circuit recently heard oral arguments from San Francisco officials appealing an order issued by the U.S. District Court for the Northern District of California regarding the city's Healthy Security Ordinance, which comprises part of the "Healthy San Francisco" initiative. The ordinance requires covered private employers to make certain minimum expenditures by paying directly into health savings accounts, contributing to private health insurance plans, or participating in a city health plan created by the ordinance.

In the contested order, issued Dec. 26, 2007, U.S. District Judge Jeffrey White found the ordinance's expenditure requirements to be preempted by the Employee Retirement Income Security Act (ERISA). Congress enacted ERISA to eliminate "the threat of conflicting or inconsistent State and local regulation of employee benefit plans," and under U.S. Supreme Court precedent, a state law is preempted by ERISA if it is either connected with or makes reference to an ERISA plan, according to White's order. He held that the ordinance "affects plan administration, a core area of ERISA concern;" that "employers would necessarily have to keep an eye on the minimum health care spending requirements in each locality in order to comply with potentially conflicting requirements," thus conflicting with "ERISA's promise to provide a uniform regulatory regime;" and that the ordinance "specifically references the existence of [ERISA] plans."

White's order temporarily stalled the San Francisco program from taking effect on January 1, 2008. However, the U.S. Court of Appeals for the Ninth Circuit agreed last week to allow the program to begin, for now, until it rules on the merits of the appeal.

To view White's order in Golden Gate Restaurant Ass'n v. San Francisco, No. 06-06997 (N.D. Cal. Dec. 26, 2007), Click Here. For more information about the "Healthy San Francisco" program, go to www.healthysanfrancisco.org.

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • The Top 5 Safety and Technology Trends to Watch in 2019

    Get the latest on trends you can expect to hear more about in 2019, including continued growth of mobile safety applications, wearable technology, and smart PPE; autonomous vehicles; pending OSHA recordkeeping rulemaking; and increased adoption of international safety standard, ISO 45001.

  • Get the Ultimate Guide to OSHA Recordkeeping

    OSHA’s Form 300A posting deadline is February 1! Are you prepared? To help answer your key recordkeeping questions, IndustrySafe put together this guide with critical compliance information.

  • Safety Training 101

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common training questions.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Industry Safe

OH&S Digital Edition

  • OHS Magazine Digital Edition - January 2019

    January 2019

    Featuring:

    • PREVENTING ERRORS
      Production vs. Safety 
    • EMERGENCY SHOWERS & EYEWASH
      Meeting the Requirements for Emergency Equipment
    • CONSTRUCTION SAFETY
      The State of Contractor Safety
    • FOOT PROTECTION
      The Three Keys to Effective Chemical Management
    View This Issue