Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Raymond Hendrix, D/B/A Alsea Lumber Company

The Secretary of Labor petitions for review of that portion of a final order of the Occupational Safety and Health Review Commission [Commission] which vacated certain alleged violations of the Occupational Safety and Health Act of 1970 [Act], 29 U.S.C. § 651 et seq. We find the Commission’s order supported by substantial evidence on the record, considered as a whole, and affirm.

The Facts

Respondent Hendrix’s Alsea Lumber Company [Alsea] maintains a small sawmill and logging yard, employing some 30 employees in the production and sale of lumber. The genesis of this action was a safety and health inspection of Alsea conducted by a compliance officer [inspector] of the U. S. Department of Labor.

The inspector, approaching the mill at approximately 35 miles per hour in his pick-up, observed Alsea’s log pondman at a waterside work station about 500 feet from the roadway. The pondman did not at that time appear to the inspector to be wearing a buoyant life jacket. The inspector proceeded to the mill, presented his credentials, and conducted an inspection tour as provided for in 29 U.S.C. § 657 . When the inspection tour reached the waterside station, the pond-man was…