Martin v. Occupational Safety and Health Review Commission

William H. Rehnquist:

The opinion of the Court in two cases will be announced by Justice Marshall.

Thurgood Marshall:

This case is Martin versus Occupational Safety and Health Review Commission, No. 89-1541.

That case is here on certiorari to the United States Court of Appeals for the Tenth Circuit.

The Occupational Safety and Health Act authorizes a Secretary of Labor to prosecute civil penalty actions before the Occupational Safety and Health Review Commission.

The question here in this case is whether a reviewing court should defer to the Secretary or to the Commission when these two actions act or disagree on the interpretation of a regulation.

In an opinion filed with the Clerk today, we hold that a court must divert to the Secretary under the circumstances.

We, therefore, reverse the judgment of the Tenth Circuit.