Peter J. Brennan, Secretary of the U.S. Department of Labor v. Smoke-Craft, Inc., and Occupational Safety and Health Review Commission

The Secretary of Labor has petitioned us to review an order of the Occupational Safety and Health Review Commission (OSHRC). The Commission found that the respondent did not commit a non-serious violation of the Occupational Safety and Health Act [ 29 U.S.C. § 651 et seq.]. Because we find that the Commission’s decision is not supported by substantial evidence when the record is considered as a whole, we reverse and remand.

Respondent is a sausage manufacturer. One of its operations consists of cutting 48-inch “beef sticks” into smaller sausage pieces. This is done by placing the long sticks in a miter box whose sides are grooved at intervals corresponding to the lengths to which the sections are to be cut. The grooves guide the portable reciprocating saw as it makes the cuts. The operation requires two employees, one controlling the saw while the other handles the sticks.

After the sticks are initially placed in the miter box, their ends are cut outside the protection of the miter box. The employee holding the sticks must place his hands within two inches of the saw blade as the cuts are made.

An Occupational Safety and Health Act compliance officer witnessed this…