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Syllabus
standards or regulations. § 4(b)(1), 29 U. S. C. § 653(b)(1). Congress' use of "exercise" makes clear that mere possession by another federal agency of unexercised authority is insufficient to displace OSHA's jurisdiction. Furthermore, another federal agency's minimal exercise of some authority over certain vessel conditions does not result in complete pre-emption of OSHA jurisdiction. To determine whether Coast Guard regulations have pre-empted jurisdiction over Rig 52's working conditions, it is thus necessary to examine the contours of the Coast Guard's exercise of its statutory authority. With respect to inspected vessels, the parties do not dispute that OSHA's regulations have been pre-empted because the Coast Guard has exercised its broad statutory authority over workers' occupational health and safety, 46 U. S. C. § 3306. Indeed, OSHA and the Coast Guard signed a Memorandum of Understanding recognizing that the Coast Guard has displaced OSHA's jurisdiction over all working conditions on inspected vessels, including those not addressed by specific regulations. In contrast, the Coast Guard's regulatory authority over uninspected vessels is more limited. Its general maritime regulations do not address the occupational safety and health concerns faced by inland drilling operations on such vessels and, thus, do not pre-empt OSHA's authority in this case. And, although the Coast Guard has engaged in a limited exercise of its authority to regulate specific working conditions on certain types of uninspected vessels, respondent has not identified any specific regulations addressing the types of risk and vessel at issue here. Pp. 240-245.
2. Rig 52 was a "workplace" under § 4(a) of the Act. It was located within a geographic area described in § 4(a)—a State—and § 4(a) attaches no significance to the fact that it was anchored in navigable waters. P. 245.
212 F. 3d 898, reversed.
Stevens, J., delivered the opinion of the Court, in which all other Members joined, except Scalia, J., who took no part in the decision of the case.
Matthew D. Roberts argued the cause for petitioner. With him on the briefs were Solicitor General Olson, Acting Solicitor General Underwood, Deputy Solicitor General Kneedler, Judith E. Kramer, Allen H. Feldman, Nathaniel I. Spiller, Ellen L. Beard, Edward D. Sieger, James S. Carmichael, and Robert F. Duncan.
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