By Ellen Smith In a unanimous decision on Aug. 25, 2016, the Review Commission held that it has the exclusive authority to oversee settlements of contested penalty cases, based on the “very clear” language of Sect. 110(k) of the Mine Act.
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One Bad Apple
Aggregates producers are largely hard working, honest and follow the letter of the law. When it comes to MSHA inspections, no one likes the scrutiny, but being professionals, operations deal with it.
Read MoreTwo 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.
Read MoreCompany Cannot Claim it ‘Lacked Adequate’ Notice of Bad Ball Joints
By Ellen SmithAn ALJ improperly determined that a company lacked “adequate notice” when cited for four violations at its plant where an MSHA inspector alleged excessive movement in the ball joints of the steering linkage of four trucks.
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