Tags: Administrative Law Judge

Manager Dodges Liability for Defective Equipment

Nov 25, 2013

Manager Dodges Liability for Defective Equipment

A recent decision by Administrative Law Judge Manning demonstrates that even where the mine operator has paid the fine for an unwarrantable failure (Section 104(d)) citation or order, it is still possible for the agent of management who was the ...

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Guest Blog: MSHA’s Right to Private Information Expanded

Sep 17, 2013

Guest Blog: MSHA’s Right to Private Information Expanded

The Mine Safety & Health Administration’s (MSHA) broad warrantless rights to inspection mines and to demand information have been further expanded by a new decision of an Administrative Law Judge (ALJ), which builds upon a couple of previous rulings that ...

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Reining in Reinstatement Claims

Oct 04, 2012

Sixth Circuit overrides Secretary of Labor on temporary reinstatement of terminated miners.   by Meredith A. Kapushion   Mine operators and miners familiar with the procedures for temporary reinstatement under the Mine Act may be aware of the shift in the Mine Safety and ...

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Paying the Piper May Become More Difficult

Mar 01, 2012

Paying the Piper May Become More Difficult

    A few new developments suggest that Mine Safety and Health Administration (MSHA) civil penalties — which increased enormously starting in 2007 when MSHA’s final rule eliminated the “single penalty” fine for non significant and substantial (S&S) citations and implemented new ...

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MSHA Suffers a Setback

Jan 01, 2012

An administrative law judge applies common sense to a decision related to truck scales and berms.     The last several years have witnessed a new aggressiveness in the Mine Safety and Health Administration’s (MSHA) campaign to apply the berm standard found at ...

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