A small, six-employee gravel operation in Bozeman, Mont., was awarded $65, 217 in legal fees under the Equal Access to Justice Act, after a judge ruled that the Secretary was not substantially justified in bringing a case against the company where it was accused of impeding an MSHA inspection.
Read MoreAuthor: Ellen Smith
Judge Rejects Recent Settlements Between Secretary and Operators
By Ellen Smith If your company is looking to settle a case for MSHA citations that were initially contested, have all of the justifications in place for any significant penalty reduction, or be ready for protracted proceedings to get approval from a Commission judge.ALJ William Moran recently rejected two settlements where the attorney for the Secretary refused to voluntarily produce…
Read MoreCompany Fined $20,000 For Discrimination Case
By Ellen Smith Judge John Kent Lewis fined a mining company $20,000, and said it was highly negligent where a miner had been temporarily suspended, given a written warning and a negative evaluation, after complaining to management on three occasions about a possible electrical fan violation in a laboratory, which was then cited by MSHA.
Read MoreTwo-Person Excavating Company Not Under MSHA Jurisdiction
By Ellen Smith A two-person excavation company that provides fill for excavation sites and yards does not fall under MSHA jurisdiction. The size was not a factor, but the fact that the operation is that of a “borrow pit” under OSHA jurisdiction, according to a ruling of ALJ Jerold Feldman.
Read More‘Reckless Disregard’ Finding Upheld for Failing to Report Injury
By Ellen Smith Signal Peak Energy in Musselshell County, Mont., was found to have acted with “reckless disregard” when it failed to immediately report an accident where a miner sustained serious injuries. The Commission fined the operator $60,000 – the statutory maximum fine allowed under the Mine Act at the time the accident occurred on Dec. 23, 2009.
Read MorePenalties Cut Where Contractor Was Responsible for Housekeeping
By Ellen Smith ALJ David Barbour upheld eight citations issued against Northshore Mining Co.’s mine in Silver Bay, Minn., and vacated one guarding citation for lack of fair notice. The Secretary and company settled 25 additional violations stemming from multiple inspections that occurred between January 2013 and August 2013 for fines totaling $27,626, down from MSHA’s $79,023 in proposed penalties.…
Read MoreCase Sent Back to Judge For Unwarrantable Failure Findings
A 104(d) order modified to a 104(a) citation was sent back to ALJ Richard Manning, after he based his findings on a separate order issued under another standard.
Read MoreUnwarrantable Failure Criteria Not Met In Crane Assembly Project
By Ellen Smith A company violated §56.16009, which states, “persons shall stay clear of suspended loads,” where a miner did not stay clear of a suspended load during a crane assembly project. But the violation was not due to an unwarrantable failure to comply, the Review Commission ruled on Dec. 10, 2014.
Read MorePOV Violates Due Process, ALJ Rules; Denies Motion for Emergency Stay
ALJ William Moran dismissed a Pattern of Violations charge against Patriot Coal’s Brody Mining on Nov. 1, stating that the POV charge is a violation of due process. The Judge called the POV process “patently unfair, almost rigged,” and said that companies do not know what evidence to present for their defense.
Read MoreA Good Safety Record is Not A Mitigating Factor in Lowering Penalties
By Ellen Smith A good safety record at a quarry, and having an injury-free operation, is not a mitigating factor in determining final penalties for violations of the Mine Act, Review Commission ALJ Alan Paez ruled in a case involving the Campbell County, Tenn., Highway Dept. located in Jacksboro, Tenn.
Read More