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
52 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).
53 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.
54 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.
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