Scalia v. Wynnewood Refining, No. 19-9533 (10th Cir. 2020)Annotate this Case
After a boiler exploded at a refinery, the Occupational Safety and Health Administration (OSHA) cited the refinery’s owner, Wynnewood Refining Co., LLC, for violating 29 C.F.R. section 1910.119, which set forth requirements for the management of highly hazardous chemicals. The Occupational Safety and Health Review Commission (the Commission) upheld the violations, noting that the refinery had previously violated section 1910.119, but the prior violations occurred before Wynnewood LLC owned the refinery, and therefore occurred under a different employer. Accordingly, the Commission did not classify the violations as “repeat violations” under 29 U.S.C. 666(a), which permitted increased penalties for “employer[s] who willfully or repeatedly violate” the regulation. Wynnewood appealed the Commission’s order, arguing that section 1910.119 did not apply to the boiler that exploded. The Tenth Circuit found section 1910.119’s plain text unambiguously applied to the boiler, and affirmed that portion of the Commission’s order upholding the violations. The U.S. Secretary of Labor also appealed the Commission's order, arguing the Commission erred by failing to characterize the violations as repeat violations. To this, the Tenth Circuit agreed Wynnewood was not the same employer as the refinery's previous owner, thus affirming that portion of the Commission's order relating to the repeat violations.