Secretary of Labor v. Cranesville Aggregate Cos., No. 16-2055 (2d Cir. 2017)Annotate this Case
The Second Circuit held that the Secretary of Labor reasonably determined that the cited workplace conditions were subject to regulation under the Occupational Safety and Health Administration (OSHA) standards, rather than the Mine Safety and Health Administration (MSHA). The court noted that the Secretary's reasonable determination regarding which conditions are to be regulated by MSHA and which by OSHA was entitled to substantial deference. In this case, the ALJ gave no deference whatsoever to the Secretary's decision to issue the citations for the Bag Plant violations under the authority of OSHA, but rather imposed his own interpretation of what the Mine Act covered. Accordingly, the court reversed and remanded for further proceedings.