Judge Thomas McCarthy vacated an S&S citation issued against Cemex’s Demopolis plant under §56.18002(a) for allegedly failing to designate a competent person to inspect elevators for each shift. The decision is similar to a July 2016, decision by Judge Barbour. Judge McCarthy found that the Secretary did not give “fair notice” to the operator that elevators fell within the definition…
Read MoreAuthor: Ellen Smith
Judge Rejects Quarry’s ‘Fair Notice’ Argument
Judge Margaret Miller upheld several small fines for first-time violations found at Tilcon New York Inc.’s Haverstraw Quarry and Mill in Rockland County, N.Y., but increased a proposed fine from $100 to $1,000 where an area of the quarry lacked berms, and rejected Tilcon’s “fair notice” argument.
Read MoreCompany Ordered To Turn Over Employee Contact Information
By Ellen Smith In a split decision, the Federal Mine Safety and Health Review Commission found that MSHA has the right to request employee contact information to interview mine employees who may have knowledge about conditions in a mine where MSHA was conducting a 110(c) investigation, and where dangerous conditions existed over multiple shifts and for several days.
Read MoreMSHA Has Jurisdiction Over Quarry’s Garage One Mile from Mining Operation
MSHA has jurisdiction over a garage that is used for storage and repairs of quarry equipment and vehicles, ALJ John Kent Lewis ruled on Feb. 16, 2016.
Read MoreConsent Decree Filed Where Operator Threatened, Fired Gun Around Inspectors
U.S. District Court Judge Benjamin Settle approved a consent decree for a permanent injunction against Andersen & Sons Gravel, and owner Eric Andersen, from preventing MSHA inspections at the company’s mining operation based in Clallam County, Wash.
Read MoreSmall Iowa Operator Continues To Defy MSHA Citations, Orders
Review Commission ALJ Priscilla Rae assessed $30,000 in penalties against a recalcitrant sand and gravel operator, calling him to task for assaulting an MSHA inspector, and pointing out discrepancies between his stories and evidence submitted during the trial.
Read MorePlacing Dewatering Pump Close to Highwall Edge Garners Penalty
A Missouri limestone operator was ordered to pay a $6,300 fine by FMSHRC Judge Margaret Miller for an S&S violation of §56.15005 after an MSHA inspector found a dewatering pump located within 4 ½ ft. from the edge of a highwall with a 70-ft. drop. MSHA claimed there was a danger of an employee falling off the edge if they were…
Read MoreFine Reduced From $8,000 to $800 for Guarding Violation
A violation of § 56.14105 was upheld as significant and substantial, but was not due to a contractor’s unwarrantable failure to comply with the standard where a guard was partially put back into place with equipment running. MSHA’s proposed fine of $8,000 was reduced to $800.
Read MoreCommission Need Not Decide on Validity of MSHA’s Penalty Criteria
Commission judges do not need to defer to any element of MSHA’s Part 100 regulations for assessing civil penalties, since the Commission has a Congressional mandate to independently assess penalties after making findings of fact, the Commission ruled in a Sept. 16 decision.
Read MoreMiner Over-Exposed to Ammonia Gas Wins Discrimination Claim
By Ellen Smith A miner who complained about feeling ill on the job due to an unknown over-exposure to ammonia gas, and was written up for two alleged workplace infractions on the very same day of his health findings, was granted a favorable judgment in a discrimination claim where MSHA had claimed that his rights under the Mine Act had…
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