Herman

The Secretary of Labor (Secretary) petitions for review of an Occupational Safety and Health Review Commission (Commission) order vacating in part a recordkeeping citation issued by the Secretary against Tidewater Pacific (Tidewater). Tidewater also petitions for review of the order, challenging the portion of the order that upheld a citation for substantive violations and the second part of the recordkeeping citation. The Commission had jurisdiction pursuant to 29 U.S.C. § 659 (c). We have jurisdiction to hear the Secretary’s timely filed petition pursuant to 29 U.S.C. § 660 (b). Tidewater’s timely filed petition was properly transferred to us by the Fifth Circuit pursuant to 28 U.S.C. § 2112 , and we have jurisdiction pursuant to 29 U.S.C. § 660 (a). We grant the Secretary’s petition and deny Tidewater’s.

I

This case presents us with the issue of the extent of the Secretary’s jurisdiction to enforce regulations, promulgated by the Occupational Safety and Health Administration (OSHA) pursuant to the Occupational Safety and Health Act (Act), on board “uninspected” vessels regulated by the Coast Guard.

Following an inspection of the M/V Dr. Jack, the Secretary issued two…