Hoffman Construction Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of the U. S. Department of Labor

Hoffman Construction Co., a subcontractor on the Trojan nuclear power plant at Rainier, Oregon, petitions for the review of an order of the Occupational Safety and Health Review Commission affirming a citation and assessing a penalty for a “serious violation” of the safety standards set forth in the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

The facts are as follows: While en route to the worksite of another subcontractor, an O.S.H.A. compliance officer noticed ten of Hoffman’s men working on an intake structure. One of these men had climbed onto a horizontal beam (called a “whaler”), approximately 40 inches above a scaffold which itself was some 40 feet from the ground. Two other workers were standing on the frame of the structure, and another was kneeling on a 2 X 10 plank. The remaining workmen occupied various places along the structure. All were at least 40 feet above the ground. All wore safety belts to which lanyards were connected, but none of these lanyards was attached (“tied-off”) to the structure. This omission was the cause of the inspector’s concern, and of the citation.

Pursuant to 29 U.S.C. § 658 (a) and § 666(j), the Secretary issued a…