Sec'y of Labor v. Cranesville Aggregate Cos. Inc.

SECRETARY OF LABOR,Petitioner-Appellant,v.CRANESVILLE AGGREGATE COMPANIES, INC., DBA SCOTIA BAG PLANT,Respondent-Appellee.*

*1  The Secretary of Labor (the “Secretary”) seeks review of an order of the Occupational Safety and Health Review Commission (the “Commission”), vacating a number of citations for various workplace violations of Occupational Safety and Health Administration (“OSHA”) standards. The Commission concluded that the Occupational Safety and Health Act (the “OSH Act”) had no application, and OSHA lacked authority over the cited work conditions, because the work was covered by the Mine Safety and Health Act (the “Mine Act”) and therefore subject to regulation by the Mine Safety and Health Administration (“MSHA”), rather than OSHA. In this appeal we are required to decide whether the Secretary’s determination that OSHA, rather than MSHA, governed the areas in which the workplace conditions existed. In so*2

doing, we conclude that the Secretary reasonably determined that the cited workplace conditions were subject to OSHA — rather than MSHA — regulation.REVERSED AND REMANDED.PETER HALL, C.J.This petition for review arises out of an action brought by the Secretary of Labor against Cranesville Aggregate Companies, Inc. (“Cranesville”) to enforce citations for safety hazards that were issued by the Occupational Safety and Health Administration (“OSHA”) pursuant to the Occupational Safety and Health Act (the “OSH Act”). The Secretary seeks our review of a decision of the Occupational Safety and Health Review Commission (the “Commission”), which determined that OSHA was without authority over the work in question because that work was subject to the Mine Safety and Health Act (the “Mine Act”), rather than the OSH Act.Following receipt of complaints and an inspection, the Occupational Safety and Health Administration (“OSHA”) issued Cranesville six citations for violations of various OSHA standards found at Cranesville’s “Bag Plant” at its sand and gravel operation. Cranesville contested the citations and argued that OSHA’s authority over the cited work conditions is governed not by the OSH Act but by Mine Act be-