For the reasons that follow, we reverse. The explosion occurred while crew members tried to regain control of the well after a blow out. The Coast Guard took the lead role in investigating the explosion. Based on the information collected by the Coast Guard, OSHA issued a citation against Mallard charging three violations of the OSH Act. Mallard then filed a Petition for Discretionary Review with the Occupational Safety and Health Review Commission, which was denied.
Mallard now appeals.
The dispute concerns whether the Coast Guard's jurisdiction is exclusive. Our case law is controlling on this point. Pursuant to the statutory grant of authority recited above, the Coast Guard has exclusive authority over the working conditions of seamen. See Clary v. OSHA regulations do not apply to working conditions of seamen on vessels in navigation.