Willamette Iron & Steel Co. v. Secretary of Labor & Occupational Safety & Health Commission

Willamette Iron and Steel Co. (Willamette) petitions for review of an order of the Occupational Safety and Health Review Commission (Commission). Willamette attacks only the portion of the Commission order affirming the hearing officer’s determination that it had committed “repeated” violations of the Occupational Safety and Health Administration regulations. We have determined that as to that issue we are without jurisdiction. Therefore, we dismiss the petition. 1

I

The parties stipulated to the facts. Willamette was first cited for violating the Occupational Safety and Health Administration’s (OSHA) housekeeping standard, 29 C.F.R. § 1915.51 (a), on December 8, 1972, while repairing the vessel NAECO at the *1179 company’s Swan Island dry dock facility in Portland, Oregon. The citation, which became final when Willamette failed to contest it, 29 U.S.C. § 659 (a), alleged that Willamette had failed to elevate or cover various hoses and welding leads on the vessel’s weatherdeck.

On September 24,1975, authorized representatives of the Secretary of Labor issued three further citations against Willamette for alleged violations of various OSHA regulations. The company did not…