Based upon the Commission’s decision in Long Branch, the industry can safely assume that nearly any justification MSHA provides for a late filing will be found to be adequate cause. Thus, the answer to the question posed by my colleague in the June edition of Rock Law — will the Commission hold MSHA’s feet to the fire to timely petitions for assessments — is a resounding “no.”

K. Brad Oakley is a member of Jackson Kelly PLLC’s Lexington, Ky., office, where he works with the firm’s Occupational Safety and Health Practice Group. He can be reached at 859-255-9500 or via email at kboakley@jacksonkelly.com.