By Ellen Smith ALJ William Moran has dismissed a Pattern of Violations (POV) charge against Patriot Coal’s Brody Mining, stating that the POV charge is a violation of due process with a system that is “patently unfair, almost rigged,” and the company does not know what evidence to present for its defense.
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Brake Violation Not S&S, But Imminent Danger Order Upheld
By Ellen Smith ALJ Richard Manning reduced a penalty for a brake violation under §56.14101(a)(1) while upholding an imminent danger order for the same violation. He also increased a second penalty for a parking violation under §56.14107 taking into consideration that the safety violation was committed by two management employees.
Read More300-Ft. Highwall Not Controlled; Miners Risked Injury From Rock Falls
By Ellen Smith A company was found to have used unsafe mining methods where miners worked around a 230-to-300-ft. highwall, despite the use of spotters and frequent inspections to look for potentially dangerous conditions, according to a recent Commission decision.
Read MoreGuarding Violations Not ‘Flagrant’ Violations Under Mine Act
By Ellen Smith A limestone operator’s guarding violations did not constitute a “reckless disregard” or flagrant violations of mine safety standards, and MSHA’s total proposed fines of $547,100 for six violations of §56.14107(a), and one violation of §56.14112(b), were reduced to a total of $44,000 by Review Commission Judge David Simonton.
Read MoreOperators Must File Accident Reports of Contractors Under Their Control
By Ellen Smith The unambiguous language of accident reporting requirements of §50.20(a) impose an unconditional duty of operators to submit accident reports to MSHA when contractor employees are injured at the operator’s mine when those employees are under the control of the operator, according to a ruling of the 4th U.S. Circuit Court of Appeals.
Read MoreJudge Hammers Company for Firing Worker Where Boss Violated LOTO
By Ellen Smith ALJ Jacqueline Bulluck raised a proposed fine of $30,000 to $45,000 against a company for firing a known whistleblower after the company tried to hold the rank-and-file miner responsible for his supervisor’s breach of the lock-out tag-out policy.
Read More4th Circuit Lacks Jurisdiction In Discrimination Reinstatement Case
The U.S. Circuit Court of Appeals for the 4th Circuit lacks jurisdiction to act upon a mining company’s appeal of a Review Commission decision upholding the temporary reinstatement of a miner.
Read MoreRequest for Depositions Denied Where Case Designed for Simplified Proceeding
By Ellen Smith R eview Commission Judge William Moran denied a construction company’s motion to conduct depositions where a case was designated for a simplified proceeding under Commission Rule 29 CFR §2700.101. Rule 101 requires that cases designated for Simplified Proceedings not involve fatalities, injuries, or illnesses, and generally include one or more of the following characteristics: the case involves…
Read MoreOpening in Deck on Loader Deemed S&S Violation of Safe Access Standard
By Ellen Smith A judge slightly increased MSHA’s proposed penalty from $873 to $900 for an S&S violation of MSHA’s “safe access” standard, §56.11001, where a front-end loader had an 18-in. opening in the handrail on the deck, and the driver had to access the deck to clean the loader’s windshield.
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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