Tags: ALJ

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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Guest Blog: First Amendment Yields to Miners’ Rights under Section 105(c)

Jul 22, 2013

Guest Blog: First Amendment Yields to Miners’ Rights under Section 105(c)

A coal company’s attempt to sue a miner who has a pending Section 105(c) “whistleblower” claim has ended in defeat after MSHA filed a retaliation claim on the miner’s behalf and ALJ Feldman ordered the mine operator to cease and ...

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MSHA Isn’t Held to a Timetable

Nov 01, 2012

The Commission declines to enforce its own deadline for MSHA to file petitions for assessment.   by K. Brad Oakley   In the June 7, 2012, edition of Rock Law, my colleague Christopher Peterson began a discussion of whether the Federal Mine Safety and ...

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Rock Law

Aug 01, 2011

Strictly Speaking A recent ALJ decision establishes that the Mine Act’s imposition of ‘strict liability’ on operators is not without its limits. By Ben McFarland Most who are familiar with the Federal Mine Safety and Health Act (Act) are aware that it is ...

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