Reich v. Occupational Safety and Health Review Commission

The Occupational Safety and Health Act (the act) was enacted to protect the safety and health of employees. The secretary of labor (the secretary) (plaintiff) was tasked with enforcing the act, and the Occupational Safety and Health Review Commission (the commission) (defendant) was tasked with adjudicating matters that arose under the act. The secretary issued citations against employers that violated the act, and the commission had the authority to affirm, modify, or vacate the secretary’s citations. Violations of the act were generally classified under three categories: serious, nonserious, and de minimis. A de minimis violation was a violation that had no direct relationship to the safety or health of employees. Unlike serious and nonserious violations, de minimis violations did not have to be corrected by the offender. For almost 20 years, the commission had the authority to reclassify violations as de minimis, lowering the violation level imposed by the secretary. During bargaining negotiations with a union, Erie Coke Company (Erie) refused to pay for protective gloves for its employees. The union filed a complaint with the Occupational Safety and Health Administration, alleging that Erie had violated the act. The secretary found that Erie had committed a nonserious violation of the act, issued a citation against Erie, and ordered Erie to pay for the protective gloves. An administrative-law judge affirmed the secretary’s citation. Erie appealed. The commission determined that Erie had committed a de minimis violation of the act, rather than a nonserious violation. The commission reasoned that Erie’s failure to pay for its employees’ protective gloves had no direct relationship to their safety and health. The secretary petitioned the court of appeals for review, arguing that the commission did not have the authority to reduce the citation level determined by the secretary.