martin oshrc argued november decided march occupational safety health act assigns distinct regulatory tasks two independent administrative actors petitioner secretary labor charged setting enforcing workplace health safety standards respondent occupational safety health review commission responsible carrying adjudicatory functions act also requires appeals reviewing commission order treat conclusive commission findings fact supported substantial evidence case found respondent cf steel corporation equipped employees respirators exposed impermissible coke oven emission levels secretary issued citation cf assessed monetary penalty violating regulation promulgated secretary requiring employer institute respiratory protection program commission vacated citation ruling facts establish violation regulation sole asserted basis liability since regulation expressly requires employer train employees proper use respirators whereas another regulation expressly employer obligation assure proper fit appeals affirmed holding relevant regulations ambiguous reviewing must defer commission reasonable interpretation rather secretary interpretation since congress intended delegate commission normal complement adjudicative powers possessed traditional administrative agencies including power declare law concluding commission interpretation reasonable one assess reasonableness secretary competing view held reviewing defer secretary secretary commission furnish reasonable conflicting interpretations ambiguous regulation promulgated secretary act pp must inferred act unusual split enforcement structure legislative history power render authoritative interpretations secretary regulations necessary adjunct secretary rulemaking enforcement powers secretary promulgator standards better position commission reconstruct purpose particular regulations moreover since secretary enforcer comes contact much greater number regulatory problems commission secretary likely develop expertise relevant assessing effect particular regulatory interpretation furthermore dividing power make enforce standards power make law interpreting make two administrative actors ultimately responsible implementing act policy objectives outcome inconsistent congress intent combining legislative enforcement powers secretary must also concluded congress intend endow commission normal adjudicative powers possessed traditional unitary agency agency permissibly uses adjudication engage lawmaking policymaking also delegated power make law policy rulemaking necessarily interprets regulations promulgated plausible inference commission meant type nonpolicymaking adjudicatory powers typically exercised context commission authorized review secretary interpretations consistency regulatory language reasonableness possesses power necessary make authoritative findings fact apply secretary standards facts making decision although commission established response concerns combining rulemaking enforcement adjudicatory power secretary leave employers unprotected prosecutorial bias concerns dispelled vesting authoritative factfinding review powers body wholly independent administrative enforcer regulated parties protected biased interpretations commission ultimately appeals review secretary interpretation reasonableness interpretation furnished course administrative adjudication mere litigating position undeserving judicial deference precedents since interpretation agency action post hoc rationalization assumes form expressly provided congress embodied citation secretary litigating position commission much exercise delegated lawmaking powers secretary promulgation health safety standards pp reviewing defer secretary secretary interpretation ambiguous regulation reasonable interpretation subject administrative procedure act standard substantive review applies exercise delegated lawmaking power moreover decision use citation initial means announcing particular interpretation may bear adequacy notice regulated parties quality secretary elaboration pertinent policy considerations factors relevant reasonableness secretary exercise delegated lawmaking powers since appeals address reasonableness secretary interpretation rather must first instance remand pp marshall delivered opinion unanimous clifford sloan argued cause petitioner briefs solicitor general starr deputy solicitor general shapiro allen feldman mark flynn john faught argued cause respondent cf steel brief randy sego michael coriden george cohen jeremiah collins laurence gold filed brief american federation labor congress industrial organizations amicus curiae urging reversal briefs amici curiae urging affirmance filed nominal respondent occupational safety health review commission robert gombar glen nager earl ohman american iron steel institute albert beveridge iii barton green chamber commerce america et al stephen bokat robin conrad national association manufacturers et al scott railton jan amundson quentin riegel william crabtree justice marshall delivered opinion case consider question reviewing defer secretary labor occupational safety health review commission furnish reasonable conflicting interpretations ambiguous regulation promulgated secretary occupational safety health act stat amended et seq appeals concluded defer commission interpretation circumstances reverse occupational safety health act osh act act establishes comprehensive regulatory scheme designed assure far possible safe healthful working conditions every working man woman nation see generally atlas roofing occupational safety health review achieve objective act assigns distinct regulatory tasks two independent administrative actors secretary labor secretary occupational safety health review commission commission board appointed president advice consent senate act charges secretary responsibility setting enforcing workplace health safety standards see cuyahoga valley transp union per curiam secretary establishes standards exercise rulemaking powers see secretary secretary designate determines upon investigation employer failing comply standard secretary authorized issue citation assess employer monetary penalty commission assigned carr adjudicatory functions act employer wishes contest citation commission must afford employer evidentiary hearing thereafter issue order based findings fact affirming modifying vacating secretary citation proposed penalty initial decisions made administrative law judge alj whose ruling becomes order commission unless commission grants discretionary review employer secretary right seek review adverse commission order appeals must treat conclusive commission findings fact supported substantial evidence case arises secretary effort enforce compliance osh act standards relating coke oven emissions promulgated pursuant secretary rulemaking powers standards establish maximum permissible emissions levels require use employee respirators certain circumstances see cfr investigation one secretary compliance officers revealed respondent cf steel corporation cf equipped employees respirators failed atmospheric test designed determine whether respirator provides sufficiently tight fit protect wearer carcinogenic emissions result equipped respirators employees exposed coke oven emissions exceeding regulatory limit based findings compliance officer issued citation cf assessed penalty violating cfr requires employer institute respiratory protection program accordance cfr cf contested citation alj sided secretary full commission subsequently granted review vacated citation see cf oshc commission view respiratory protection program referred expressly requires employer train employees proper use respirators obligation assure proper fit individual employee respirator commission noted expressly stated another regulation namely see oshc reasoning inter alia secretary interpretation render superfluous commission concluded facts alleged citation found alj establish violation see oshc asserted basis liability commission vacated citation see secretary petitioned review appeals tenth circuit affirmed commission order see dole occupational safety health review commission concluded relevant regulations ambiguous employer obligation assure proper fit employee respirator thus framed issue whose reasonable interpretation regulations secretary commission merited deference see held commission interpretation entitled deference circumstances reasoning congress intended delegate commission normal complement adjudicative powers possessed traditional administrative agencies uch adjudicative function necessarily encompasses power declare law although determined certainly possible reach alternate interpretation ambiguous regulatory language nonetheless concluded commission interpretation reasonable one therefore deferred commission interpretation without assessing reasonableness secretary competing view see ibid secretary thereafter petitioned writ certiorari granted petition order resolve conflict among circuits question whether reviewing defer secretary commission actors furnish reasonable conflicting interpretations ambiguous regulation osh act ii well established agency construction regulations entitled substantial deference lyng payne accord udall tallman situations meaning regulatory language free doubt reviewing give effect agency interpretation long reasonable ehlert long interpretation sensibly conforms purpose wording regulations northern indiana pub serv porter county chapter izaak walton league america applying agency regulation complex changing circumstances calls upon agency unique expertise policymaking prerogatives presume power authoritatively interpret regulations component agency delegated lawmaking powers see ford motor credit milhollin question us case administrative actor secretary commission congress delegate interpretive lawmaking power osh act put question perspective necessary take account unusual regulatory structure established act regulatory schemes rulemaking enforcement adjudicative powers combined single administrative authority see et seq federal trade commission securities exchange commission et seq federal communications commission osh act however congress separated enforcement rulemaking powers adjudicative powers assigning respective functions two independent administrative authorities purpose split enforcement structure achieve greater separation functions exists within traditional unitary agency administrative procedure act apa generally must divide enforcement adjudication separate personnel see see generally johnson model conclusions osha msha experiences first time called upon resolve osh act jurisdictional dispute secretary commission see cuyahoga valley transp union issue cuyahoga valley whether commission conduct administrative adjudication notwithstanding secretary motion vacate citation held commission power noted enforcement act sole responsibility secretary concluded necessary adjunct power authority withdraw citation enter settlement discussions employer commission role neutral arbiter explained plainly extend overturning secretary decision issue withdraw citation although act expressly address issue infer structure history statute see power render authoritative interpretations osh act regulations necessary adjunct secretary powers promulgate enforce national health safety standards secretary enjoys readily identifiable structural advantages commission rendering authoritative interpretations osh act regulations secretary promulgates standards secretary better position commission reconstruct purpose regulations question moreover virtue secretary statutory role enforcer secretary comes contact much greater number regulatory problems commission encounters regulatory episodes resulting contested citations cf note employee participation occupational safety health review commission proceedings reporting small percentage osh act citations contested consequently secretary likely develop expertise relevant assessing effect particular regulatory interpretation historical familiarity policymaking expertise account first instance presumption congress delegates interpretive lawmaking power agency rather reviewing see mullins coal director owcp ford motor credit milhollin supra ins stanisic presume congress intended invest interpretive power administrative actor best position develop attributes legislative history osh act supports conclusion version act originally passed house representatives vested adjudicatory power commission rulemaking power independent standards board leaving secretary enforcement power reprinted legislative history occupational safety health act committee print prepared subcommittee labor senate committee labor public welfare pp legislative history senate version dispensed standards board established division responsibilities survives enacted legislation senate committee report explained combining legislative enforcement powers secretary result sounder program make single administrative actor responsible formulat ing rules seeing workable effective application allow congress hold single administrative actor politically accountable overall implementation program reprinted legislative history dividing power promulgate enforce osh act standards power make law interpreting make two administrative actors ultimately responsible implementing act policy objectives conclude congress expect commission possess authoritative interpretive powers reason reject appeals inference congress intended endow commission normal complement adjudicative powers possessed traditional administrative agencies emphasis added within traditional agencies agencies possessing unitary structure adjudication operates appropriate mechanism factfinding also exercise delegated lawmaking powers including lawmaking interpretation see nlrb bell aerospace sec chenery cases concluded agency adjudication generally permissible mode lawmaking policymaking unitary agencies question also delegated power make law policy rulemaking see bell aerospace supra chenery supra see generally shapiro choice rulemaking adjudication development administrative policy insofar congress invest commission power make law policy means infer congress expected commission use adjudicatory power play policymaking role moreover traditional unitary agency uses adjudication engage lawmaking regulatory interpretation necessarily interprets regulations promulgated said commission power adjudicate consequently think plausible inference congress intended delegate commission type nonpolicymaking adjudicatory powers typically exercised context conception adjudication commission authorized review secretary interpretations consistency regulatory language reasonableness addition course congress expressly charged commission making authoritative findings fact applying secretary standards facts making decision see commission factual findings shall conclusive long supported substantial evidence commission need viewed possessing power order perform statutory role neutral arbiter see cuyahoga valley cf draws different conclusion history structure act congress cf notes established commission response concerns combining rulemaking enforcement adjudicatory power secretary leave employers unprotected regulatory bias construing act separate enforcement interpretive powers consistent purpose cf argues protects regulated employers biased prosecutorial interpretations secretary regulations indeed interpretations furnished course administrative penalty actions according cf mere litigating positions undeserving judicial deference precedents see bowen georgetown university hospital although find concerns important think overstated clear congress adopted structure osh act order achieve greater separation functions exists conventional unitary agency see supra reprinted legislative history individual views javits noting adjudication independent panel goes beyond division functions apa defending structure closely accor traditional notions due process conclusion act therefore understood separate enforcement powers authoritative interpretive powers begs question much congress intended depart unitary model sponsors commission purported responding traditional objection agency head participation supervision agency investigations results biased review decisions hearing officer notwithstanding internal separations within agency see ibid see generally davis administrative law treatise pp ed vesting authoritative factfinding alj review powers commission administrative body wholly independent administrative enforcer dispels concern harbor doubt congress also intended protect regulated parties biased interpretations secretary regulations objective achieved commission ultimately appeals review secretary interpretation assure consistent regulatory language otherwise reasonable giving commission power substitute reasonable interpretations secretary might slightly increase regulated parties protection overzealous interpretations also clearly frustrate congress intent make single administrative actor accountable overall implementation act policy objectives combining legislative enforcement powers secretary reprinted legislative history likewise unpersuaded contention secretary regulatory interpretations necessarily appear forms undeserving judicial deference decisions indicate agency litigating positions entitled deference merely appellate counsel post hoc rationalizations agency action advanced first time reviewing see bowen georgetown university hospital supra burlington truck lines statutory regulatory interpretations furnished setting occur agency proceedings terminated constitute exercise agency delegated lawmaking powers secretary interpretation osh act regulations administrative adjudication however agency action post hoc rationalization moreover embodied citation secretary interpretation assumes form expressly provided congress see circumstances secretary litigating position commission much exercise delegated lawmaking powers secretary promulgation workplace health safety standard addition secretary regularly employs less formal means interpreting regulations prior issuing citation include promulgation interpretive rules see marshall steel cf whirlpool marshall publication agency enforcement guidelines see department labor osha field operations manual ed see generally bokat thompson occupational safety health law although entitled deference norms derive exercise secretary delegated lawmaking powers informal interpretations still entitled weight judicial review see batterton francis skidmore swift whirlpool supra reviewing may certainly consult determine whether secretary consistently applied interpretation embodied citation factor bearing reasonableness secretary position see ehlert iii emphasize narrowness holding deal case division powers secretary commission osh act conclude available indicia legislative intent congress intend sever power authoritatively interpret osh act regulations secretary power promulgate enforce subject constitutional limits congress free course divide powers chooses take position division enforcement interpretive powers within regulatory schemes conform structure anything say today understood bear whether particular divisions enforcement adjudicative power within unitary agency comport apa addition although hold reviewing may prefer reasonable interpretations commission reasonable interpretations secretary emphasize reviewing defer secretary secretary interpretation reasonable secretary interpretation ambiguous regulation subject standard substantive review exercise delegated lawmaking power see batterton francis supra indicated secretary interpretation undeserving deference merely secretary advances first time administrative adjudication secretary counsel conceded oral argument tr oral arg decision use citation initial means announcing particular interpretation may bear adequacy notice regulated parties see bell aerospace bowen georgetown university hospital scalia concurring quality secretary elaboration pertinent policy considerations see motor vehicle mfrs assn state farm mut automobile ins factors relevant reasonableness secretary exercise delegated lawmaking powers cf urges us hold secretary unreasonably interpreted cfr case however appeals deferred commission interpretation occasion address reasonableness secretary interpretation rather consider issue first time leave issue resolution remand judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes safe use respirator essential user properly instructed selection use maintenance supervisors workers shall instructed competent persons training shall provide men opportunity handle respirator fitted properly test seal wear normal air long familiarity period finally wear test atmosphere cfr regulation pertinent part respirator usage employer shall assure respirator issued employee exhibits minimum facepiece leakage respirator fined properly cfr according commission compliance officer issued citation acknowledged applied might cited wrong standard cf oshc compare brock williams enterprises georgia deference secretary steelworkers america schuylkill metals donovan amorello sons brock cardinal industries deference commission brock bechtel power marshall western electric parties challenge appeals conclusion regulations issue case ambiguous assume conclusion correct purposes analysis