Examination Citation for Elevators Violated Due Process Rights

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…

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Company 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.

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