Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Coeur D'Alene Tribal Farm

The Secretary of Labor appeals a decision of the Occupational Safety and Health Review Commission vacating citations and penalties assessed against the Coeur d’Alene Tribal Farm. We reverse the Commission’s decision and hold that the Occupational Safety and Health Act applies to the commercial activities carried on by the Coeur d’Alene Tribal Farm.

I.

FACTS AND PROCEEDINGS BELOW

The Coeur d’Alene Indian Tribe (the Tribe) occupies a 350,000 acre reservation in northern Idaho. Although the Tribe is organized under federal law, it has no formal treaty with the United States government.

The Coeur d’Alene Tribal Farm (the Farm) is a commercial enterprise wholly owned and operated by the Tribe. The Farm produces grain and lentils exclusively for sale on the open market both within and outside Idaho. It employs approximately twenty workers, some of whom are non-Indians. The Farm manager is himself a non-Indian. Apart from its tribal ownership, the Farm is similar in its operation and activities to other farms in the area.

In October, 1978, a compliance officer from the Occupational Safety and Health Administration (OSHA) conducted a consensual inspection of two grain elevators on…