Chao v. Transocean Offshore, Inc.

Where differing workforces occupy a single space at separate times, and where each workforce is clearly regulated in its "natural" environment by a separate regulatory body, OSHA's regulatory power is not displaced as to the workers who otherwise fall within its ambit.

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Appeal from the United States District Court For the Southern District of Mississippi

Defendant-Appellant, Transocean Offshore, Inc.(Transocean), owner of the M/V DISCOVERER ENTERPRISE, appeals from a judgment of civil contempt and award of attorneys fees and costs to the Secretary of Labor. The judgment resulted from Transocean’s refusal to honor a warrant obtained by the Occupational Safety and Health Administration (OSHA) to inspect the work areas of Ingalls Shipbuilding, Inc.’s (Ingalls) employees who were working aboard Transocean’s vessel at Ingalls’ drydock. The issue we must decide is whether OSHA had jurisdiction to inspect the decks of the M/V DISCOVERER ENTERPRISE, an “inspected vessel” and subject to inspection by the United States Coast Guard. The cases Transocean relies upon hold that OSHA regulations do not apply to permit OSHA to inspect vessels to evaluate working conditions of seamen on those vessels. However, those cases are distinguishable from today’s case because here OSHA was inspecting the workplace of shipyard workers as authorized by statute and its regulations. We therefore affirm the judgment of the district court.

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Chao v. Transocean Offshore, Inc.

Where differing workforces occupy a single space at separate times, and where each workforce is clearly regulated in its "natural" environment by a separate regulatory body, OSHA's regulatory power is not displaced as to the workers who otherwise fall within its ambit.

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