Chao v. Mallard Bay Drilling, Inc

In Chao v. Mallard Bay Drilling, Inc. (2002) 534 U.S. 235, Supreme Court was asked to resolve a conflict among the federal circuits regarding whether OSHA has the authority to regulate vessels in navigable waters or whether the Coast Guard has exclusive authority. The Supreme Courtheld that while the Coast Guard has exclusive authority over inspected vessels, OSHA can regulate uninspected vessels in inland waters. More particularly, the Supreme Court ruled that OSHA may enforce its own regulations with respect to working conditions aboard uninspected inland vessels as long as the Coast Guard does not affirmatively regulate the same working conditions. More precisely, OSHA's jurisdiction over uninspected vessels in state waters is preempted only if the Coast Guard (1) issues regulations that specifically address the working condition in question or (2) asserts pervasive regulatory authority over workplace safety on uninspected vessels as a class. (534 U.S. at 243.) The Supreme Court further upheld OSHA's authority to issue citations in connection with a fatal explosion onboard an uninspected inland drilling barge because Coast Guard regulations neither addressed the occupational risks that workers aboard such vessels face, nor comprehensively governed uninspected vessels as a class. (Id. at 244-45.) The Supreme Court Court held that when there are no other standards controlling the inspection of an inland waterway vessel, OSHA guidelines control. The Supreme Court reversed a Fifth Circuit Court of Appeals decision holding that Coast Guard regulations concerning working conditions of seamen aboard certain vessels precluded OSHA regulations. In discussing Congress' intent behind section 4(b)(1) of the OSH Act, the Court held that mere existence of another agency's authority to regulate areas covered by OSHA is not sufficient for preemption. (Id. at 241.) The Court further stated that, OSHA is only pre-empted if the working conditions at issue are the particular ones with respect to which another federal agency has regulated, and if such regulations affec t occupational safety or health. Id. (quoting 29 U.S.C.A. 653(b)(1)). Comparing the exercise of regulatory authority between the Coast Guard and OSHA, the Court determined that OSHA regulations were not preempted. (Id.) The Supreme Court found that the general marine safety regulations issued by the United States Coast Guard did not preempt OSHA's jurisdiction over working conditions on an uninspected vessel where Coast Guard regulations did not address the occupational safety and health risks specifically posed.