Peter J. Brennan, Secretary of Labor v. Chicago Bridge and Iron Company and Occupational Safety and Health Review Commission

The Secretary of Labor here appeals an order of the Occupational Safety and Health Review Commission which in course of review of a citation issued by the Secretary of Labor pursuant to 29 U.S.C. § 658 vacated the citation by a two to one vote, ruling that it had not been issued with “reasonable promptness.” Our task is to determine whether the Secretary complied with the “reasonable promptness” standard in 29 U.S.C. .§ 658(a). 1

The purpose of the citation was to assess a penalty. The fatal injury to a workman occurred February 1, 1972. On this date an employee of Chicago Bridge and Iron…