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ALJ Vacate Drilling Citations, Citing an Unreasonable Interpretation

By Ellen Smith

MSHA’s interpretation of a drilling standard is erroneous, not worthy of deference, and would lead to extraordinarily dangerous results, according to a recent ruling by Review Commission Judge Pricilla Rae. The case involved MSHA’s interpretation of §56.7012, which requires that drills be “attended” at all times. The dispute centered around the meaning of “attended.”

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Chief ALJ Refuses to Extend Deadlines Where DOL Cut Backlog Staff Due to Sequester and Budget

By Ellen Smith

Review Commission Chief ALJ Robert Lesnick has denied a motion filed by an MSHA conference litigation representative to stay a case for 180 days due to a “high rate of contests coupled with MSHA’s limited staff.”

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Mine Act Mandates $2,000 Penalty for Unwarrantable Failure Violations

By Ellen Smith

In overturning a penalty imposed by ALJ David Barbour for a guarding violation, the Review Commission ruled that the plain language of the 2006 MINER Act mandates a minimum $2,000 penalty if a violation is due to an unwarrantable failure to comply.

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Vulnerabilty, Worry Stem From Feeling Lack of Control

By Randy Logsdon

As I write this, the events of the week of April 15 are still fresh in the minds of most Americans – the terrorist bombing at the Boston Marathon and the fertilizer plant explosion in the town of West, Texas. While we are all saddened, if not angered, by the human toll resulting from these events, we take comfort in learning that so many people, both civil and civilian, responded valiantly without hesitation to help those suddenly in need.

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3M Full Brim Hard Hat has Advanced Features

Hard-hats have been an integral piece of personal protective equipment on jobsites for decades. With engineering advancements in suspension design, a lightweight shell, and a patented ultraviolet (UV) indicator, the new 3M H-800 Series Full Brim Hard Hat helps alleviate workers’ frustrations with hard hats on the job.

Read more: 3M Full Brim Hard Hat has Advanced Features