TODD SHIPYARDS CORP., Petitioner, v. SECRETARY OF LABOR, Respondent

This is an appeal from an order of the Occupational Safety and Health Review Commission (OSAHRC) finding that appellant Todd Shipyards Corporation (Todd) had “repeatedly” violated regulations promulgated by the Commission pursuant to the Occupational Safety and Health Act (OSHA). We affirm.

I. Statement of the Case

The parties stipulated to the material facts. Todd is a New York based corporation engaged in shipbuilding and ship repair. It operates a shipyard in San Pedro, California, at which all activities concerned in this case occurred.

On March 27, 1974, the Secretary of Labor issued Todd a citation for a “repeat” violation of 29 C.F.R. § 1916.51 (b), failing to maintain “good housekeeping conditions.” Oh August 30, 1974, Todd received a citation for a “repeat” violation of 29 C.F.R. § 1916.47 (b), failing to provide employees working more than five feet above a solid surface with a proper scaffold or ladder. On October 29, 1974, Todd received a citation for “repeat” violation of § 1916.47(b). Todd did not contest these citations; they became final orders of the Commission. OSHA § 10, 29 U.S.C. § 659 .

On January 30, 1975, the Secretary issued two additional citations to…