Brake Violation Not S&S, But Imminent Danger Order Upheld

By Ellen Smith ALJ Richard Manning reduced a penalty for a brake violation under §56.14101(a)(1) while upholding an imminent danger order for the same violation. He also increased a second penalty for a parking violation under §56.14107 taking into consideration that the safety violation was committed by two management employees.

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Guarding Violations Not ‘Flagrant’ Violations Under Mine Act

By Ellen Smith A limestone operator’s guarding violations did not constitute a “reckless disregard” or flagrant violations of mine safety standards, and MSHA’s total proposed fines of $547,100 for six violations of §56.14107(a), and one violation of §56.14112(b), were reduced to a total of $44,000 by Review Commission Judge David Simonton.

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Operators Must File Accident Reports of Contractors Under Their Control

By Ellen Smith The unambiguous language of accident reporting requirements of §50.20(a) impose an unconditional duty of operators to submit accident reports to MSHA when contractor employees are injured at the operator’s mine when those employees are under the control of the operator, according to a ruling of the 4th U.S. Circuit Court of Appeals.

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Request for Depositions Denied Where Case Designed for Simplified Proceeding

By Ellen Smith R eview Commission Judge William Moran denied a construction company’s motion to conduct depositions where a case was designated for a simplified proceeding under Commission Rule 29 CFR §2700.101. Rule 101 requires that cases designated for Simplified Proceedings not involve fatalities, injuries, or illnesses, and generally include one or more of the following characteristics: the case involves…

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Opening in Deck on Loader Deemed S&S Violation of Safe Access Standard

By Ellen Smith A judge slightly increased MSHA’s proposed penalty from $873 to $900 for an S&S violation of MSHA’s “safe access” standard, §56.11001, where a front-end loader had an 18-in. opening in the handrail on the deck, and the driver had to access the deck to clean the loader’s windshield.

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