Elaine Chao, Secretary of Labor v. Symms Fruit Ranch, inc.occupational Safety & Health Review Commission

REAVLEY, Circuit Judge:

The Secretary of Labor (Secretary) petitions for review of a final order of the Occupational Safety and Health Review Commission (Commission). The Commission affirmed an order of an administrative law judge (ALJ), who held that respondent, Symms Fruit Ranch, Inc. (Symms), had violated an Occupational Safety and Health Administration (OSHA) safety regulation but that the violation was “de min-imis” and the assessment of a penalty was therefore inappropriate. The Secretary contends that under the governing statuto ry scheme, the ALJ and the Commission had no authority to…