By Ellen Smith A blast site area was not “secure” where a front-end loader was mucking in the quarry pit below the bench where explosives were being loaded into blastholes ALJ David Barbour ruled, upholding a violation of §56.6306(c) against the blasting company Orica Nelson Quarry Services.
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Non-Fatal Heart Attack Doesn’t Require 15-Minute MSHA Notification
By Ellen Smith A non-fatal heart attack where a miner did not receive CPR is not an immediately reportable injury under reporting requirements of §50.10, ALJ L. Zane Gill has ruled.
Read MoreCitation Vacated Where Employee Failed to Wear Fall Protection
By Ellen Smith An operator cannot be held liable for an employee failing to wear fall protection if the employer supplied fall-protection equipment, trained workers in its use, and required fall protection in all hazardous situations, Review Commission ALJ Priscilla Rae has ruled.
Read MoreVPID Formula Skews Fines for Small Operators
By Ellen Smith In a decision rejecting the way MSHA determines penalties, ALJ Michael Zielinski essentially threw out MSHA’s use of “violations per inspection day” for small operations, stating that the federal agency’s formula skews the violation history of small mines, and can lead to higher penalties.
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