§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.⁵² 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.⁵³ 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.⁵⁴

⁵²Walton v. Southern Package Corp., 320 U.S. 540; Sloverv.Wathen & Co., 140 F. (2d) 258 (C.A. 4); Boddenv. McCormick Shipping Corp., 188 F. (2d) 733; and Russell Co. v.McComb, 187 F. (2d) 524 (C.A. 5).