Code of Federal Regulations Title 29. Labor § 29.776.30 Construction performed on temporarily idle facilities

The Act applies to work on a covered interstate instrumentality or production facility even though performed during periods of temporary non-use or idleness. [FN52] The courts have held the Act applicable to performance of construction work upon a covered facility even though the use of the facility was temporarily interrupted or discontinued. [FN53] It is equally clear that the repair or maintenance of a covered facility (including its machinery, tools, dies, and other equipment) though performed during the inactive or dead season, is subject to the Acts. [FN54]

 Walton v. Southern Package Corp., 320 U.S. 540;  Slover v. Wathen & Co., 140 F. (2d) 258 (C.A. 4);  Bodden v. McCormick Shipping Corp., 188 F. (2d) 733;  and Russell Co. v. McComb, 187 F. (2d) 524 (C.A. 5).

 Pedersen v. J. F. Fitzgerald Construction Co., ante;  Bennett v. V. P. Loftis, ante;  Walling v. McCrady Const. Co., ante;  and Bodden v. McCormick Shipping Corp., 188 F. (2d) 733.

 Maneja v. Waialua Agricultural Co., 349 U.S. 254;  Bowie v. Gonzalez, 117 F. (2d) 11;  Weaver v. Pittsburgh Steamship Co., 153 F. (2d) 597, certiorari denied 328 U.S. 858;  Walling v. Keensburg Steamship Co., 462 F. (2d) 405.