Conagra, Inc. v. Swanson

356 N.W.2d 821
CourtCourt of Appeals of Minnesota
DecidedOctober 30, 1984
DocketNo. C2-84-350
StatusPublished

This text of 356 N.W.2d 821 (Conagra, Inc. v. Swanson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conagra, Inc. v. Swanson, 356 N.W.2d 821 (Mich. Ct. App. 1984).

Opinion

OPINION

LESLIE, Judge.

The Minnesota Occupational Safety and Health Review Board found appellant Con-Agra, Inc. had violated state occupational safety and health regulations. Upon appellant’s petition for review, the district court found the review board’s decision not contrary to law and supported by substantial evidence on the record. ConAgra appeals to this court contending the trial court erred by affirming the review board’s decision. We affirm.

FACTS

On or about November 27, 1979, a senior occupational safety and health investigator conducted a two-day inspection of ConA-gra’s grain elevator and flour milling operation in Fergus Falls, Minnesota. Following the inspection the Commissioner of the Minnesota Department of Labor and Industry issued citations for numerous safety violations falling within either a “serious” or “nonserious” level of severity. In January 1980 ConAgra exercised its right to contest the department’s proposed action. A contested case hearing was held before a hearing examiner and the examiner found that the investigator properly issued some citations, but improperly issued others. ConAgra appealed the hearing examiner’s decision to the Occupational Safety and Health Review Board. The review board affirmed some of the hearing examiner’s findings and reversed others. ConAgra then petitioned for review of the Review Board’s decision in Ramsey County District Court. The district court affirmed all parts of the Review Board’s decision.

ConAgra appealed the district court’s order affirming citations for maintaining a manlift without specified safety features, for failure to maintain adequate eyeflush-ing facilities, for an exposed electrical panel and for using electrical equipment not conforming to the applicable electrical code classification.1

[823]*823ISSUES

1. Does 29 CFR § 1910.68 apply to man-lifts installed before its effective date?

2. Are the Occupational Safety and Health Review Board’s conclusions supported by substantial evidence?

ANALYSIS

Our review of administrative decisions is limited. Agency fact finding will not be disturbed if substantial evidence supports the finding. Minn.Stat. § 14.69(e) (1982). See Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951); Reserve Mining Co. v. Herbst, 256 N.W.2d 808 (Minn.1977).

Questions of law are reviewed on a different standard. Appellate courts are not bound by an agency’s statutory interpretations. In federal OSHA cases the standard is whether an interpretation is reasonable and consistent with the purposes of the act. S.J. Groves & Sons Co. v. Occupational Safety and Health Review Commission, 648 F.2d 95, 97 (2d Cir.1981). Courts often will defer to an agency’s statutory construction, particularly when the statutory program is complex, the subject of the program is highly technical and the- agency possesses expertise in the field. Udall v. Tollman, 380 U.S. 1, 16-17, 85 S.Ct. 792, 801-802, 13 L.Ed.2d 616 (1965); Reserve Mining Co. v. Herbst, 256 N.W.2d 808, 824 (Minn.1977); Peoples Natural Gas Co. v. Minnesota Public Utilities Commission, 342 N.W.2d 348, 351 (Minn.Ct.App.1983).

Minnesota’s occupational safety and health program is governed by Minn.Stat. ch. 182 (1982). The Minnesota Department of Labor and Industry is authorized to promulgate OSHA standards and procedures. The department has adopted by reference federal OSHA standards. Minn. Rules 1983, 5205.0010.

The Manlift

Sometime in the late 1920’s ConA-gra installed a manlift in its facility. The manlift does not have various safety features such as railings and gates which are now required under 29 CFR § 1910.68 (1974). Section 1910.68 establishes safety standards and incorporates the American National Safety Standards for Manlifts (ANSI A90.1-1969). ConAgra contends its manlift is grandfathered out of regulation by 29 CFR § 1910.68(b)(3):

Design requirements. All new manlift installations and equipment installed after the effective date of this regulation shall meet the design requirements of the “American National Safety Standard for Manlifts ANSI A90.1-1969,” and the requirements of this section.

For support ConAgra introduced at the hearing a letter it received from United States Occupational Safety and Health Administration stating it has interpreted section 1910.68 not to apply to its manlift. The review board found that this language freed ConAgra’s manlift from the ANSI design requirements, but not from the section 1910.68 standards.

We find the review board’s interpretation of subparagraph (b)(3) is consistent and reasonable. An earlier subparagraph of 29 CFR § 1910.68 entitled “General Requirements — (1) Application” states that it “applies to the construction, maintenance, inspection, operation of manlifts in relation to accident hazards.” It says nothing about limiting application of the section’s general requirements to new manlifts. Subparagraph (b)(3) falls in the middle of a section entitled “Design Requirements.” Furthermore, the review board is not bound by federal interpretation of section 1910.68. Minn.Stat. § 182.655 requires Minnesota’s program to be at least as effective as the federal program. It thus allows interpretation increasing the effectiveness of the program such as the review board’s interpretation.

[824]*824 Eye Flushing Facilities

ConAgra employs a chemist to test grain and flour samples. The tests conducted require the use of sulfuric acid and caustic soda. Usually the chemist is alone in Con-Agra’s laboratory, which is a part of its offices. ConAgra has a sink, a pullchain shower and a squeeze bottle of neutralizing solution in the laboratory. Evidence at trial showed that an eye contaminated with corrosive materials should be irrigated with water for at least 15 minutes at a minimum immediately after contamination. It also showed that neutralizing solutions are ineffective.

Under 29 CFR § 1910.151(c) employers whose employees may be exposed to corrosive materials must provide “suitable facilities for quick drenching or flushing of the eyes and body within the work area for immediate emergency use.” ConAgra challenges for lack of substantial evidence the review board’s conclusion that its shower, sink, and eyewash bottle were unsuitable.

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