Lynn Martin, Secretary of Labor v. Occupational Safety and Health Review Commission, Cf & I Steel Corporation, Intervenor-Respondent

BALDOCK, Circuit Judge.

In Martin v. OSHRC, — U.S.-, 111 S.Ct. 1171, 113 L.Ed.2d 117 (1991), the Supreme Court held that a reasonable interpretation of the Secretary of Labor (Secretary) is to be preferred over a reasonable interpretation of the Occupational Safety and Health Review Commission (Commission) when it comes to an ambiguous regulation under the Occupational Safety and Health Act of 1970 (the Act). Id., 111 S.Ct. at 1175, 1179-80. We had held to the contrary. Dole v. OSHRC, 891 F.2d 1495, 1499 (10th Cir.1989), rev’d, — U.S. -, 111 S.Ct. 1171, 113 L.Ed.2d 117 (1991). In so holding,…