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Two Personal Liability Cases Upheld Against Foremen

By Ellen Smith

The 11th Circuit Court of Appeals agreed with the Labor Secretary that an agent of a limited liability corporation, or “LLC,” can be charged under 110(c) of the Mine Act, and in a separate case, the Review Commission upheld charges against a foreman.

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Most Frequently Cited Standards

In an effort to assist mining operations with compliance efforts, MSHA provides a list of the “Most Frequently Cited Standards” by mine type. Following you will find the five most frequently written citations for stone producers, including the number of citations written thus far in 2014.

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Mine Rescue Contest Crowns New Winner

Doe Run Co.’s “Maroon Team” from Viburnum, Mo., won the 2014 National Metal and Nonmetal Mine Rescue Contest held August 4-7 in Lexington, Ky. FMC Minerals’ “Red Team” from Green River, Wyo., and the Waste Isolation Pilot Plant’s “WIPP Red Team” from Carlsbad, N.M., rounded out the top three.

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Metal/Nonmetal Sector Suffers 17th Fatality

According to the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA), on August 2, 2014, a 53-year-old plant operator with 25 years of experience was killed at a sand and gravel plant. The victim was working under the raised bed of a dump truck when the wooden block supporting the load suddenly failed, allowing the bed to fall and pin him. The victim was working alone and was not found until 10 a.m. on August 3, 2014.

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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.

Read more: Brake Violation Not S&S, But Imminent Danger Order Upheld