U.S. Department Of Labor v. Occupational Safety & Health Review Commission

935 F.2d 182 59 USLW 2760 , 15 O.S.H. Cas.(BNA) 1089, 1991 O.S.H.D. (CCH) P 29,375 U.S. DEPARTMENT OF LABOR, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION; Warm Springs Forest Products Industries; the Confederated Tribes of the Warm Springs Reservation, Respondents. No. 90-70082. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1991. Decided June 7, 1991. Ellen L. Beard, U.S. Dept. of Labor, Washington, D.C., for petitioner. Howard G. Arnett, Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend, Or., for respondents. On Petition for Review of an Order of the Occupational Safety and Health Review Commission. Before FARRIS and TROTT, Circuit Judges, and DUMBAULD, * Senior District Judge. FARRIS, Circuit Judge: 1 The Secretary of Labor petitions for review of the Occupational Safety & Health Review Commission's determination that the Occupational Safety and Health Act, 29 U.S.C. Secs. 651-78 , does not apply to the Warm Springs Forest Products Industries' sawmill, a mill owned and operated by the Confederated Tribes of Warm Springs. The Commission ruled that because OSHA regulations infringed on the Tribe's treaty rights, the Act…