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DONOVAN v. NAVAJO FOREST PRODUCTS INDUSTRIES

No. 80-2251.

692 F.2d 709 (1982)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. NAVAJO FOREST PRODUCTS INDUSTRIES and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

November 8, 1982.

Attorney(s) appearing for the Case

Allen H. Feldman, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C. (James E. White, Regional Sol., T. Timothy Ryan, Jr., Acting Sol. of Labor, Benjamin W. Mintz, Associate Sol. of Labor, and Mark J. Lerner, Atty., with him on the brief), for petitioner.

Jan T. Chilton, San Francisco, Cal. (Kurt W. Melchior, San Francisco, Cal., with him on the brief), of Severson, Werson, Berke & Melchior, San Francisco, Cal. (George J. Ahlmann and L. Lanning Sigler of Ahlmann & Sigler, Navajo, N.M., with him on the brief), for respondent Navajo Forest Products Industries.

Before BARRETT, McKAY and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

We are called upon in this appeal to decide whether the Congress intended the Occupational Safety and Health Act of 1970 (OSHA) to apply to the Indian tribal business enterprise known as Navajo Forest Products Industries (NFPI) which is owned and operated by the Navajo Tribe on the Navajo Reservation. The Secretary of Labor seeks review of the decision of the Occupational Safety and Health Commission (Commission) which adopted the findings...

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