Todd Shipyards Corporation v. Secretary of Labor and the Occupational Safety and Health Review Commission

Todd Shipyards (“Todd”) petitioned for review of an order of the Occupational Safety and Health Review Commission (“the Commission”) dated January 31, 1975 imposing fines for several “repeat” violations of the Occupational Safety and Health Act of 1970 (“OSHA”), 29 U.S.C. § 651 et seq. Three issues are presented: (1) whether the citation was issued with “reasonable promptness,” (2) whether these violations were properly classed as “repeated,” and (3) whether a manhole with a six inch coaming was properly regarded as “flush” so as to fall within the scope of 29 C.F.R. § 1915.-43(a). Under the…