Tags: review commission

The Review Commission may have provided a roadmap for POV litigation

Dec 30, 2015

The Review Commission may have provided a roadmap for POV litigation

The Review Commission vacated ALJ Moran’s decision in Brody Mining, LLC, sending the case back for further proceedings after concluding that ALJ Moran erred in invalidating the POV notice issued to Brody. Brody Mining, LLC, Docket Nos. WEVA 2014-82-R, et ...

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The State of S & S

Jul 01, 2013

Through two recent cases, the Review Commission is expanding what can be considered an S&S violation.   By Christopher G. Peterson   Many operators may not be aware of this, but we have been in a state of flux regarding significant and substantial (S&S) ...

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Where is S&S Going?

May 01, 2012

If it is upheld, the Cumberland case could expand the designation of S&S violations. By Arthur Wolfson A few years ago, I attended a mine safety seminar where one speaker lamented that the Mine Safety and Health Administration (MSHA) and mine operators ...

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D-paper D-ciphered

Nov 03, 2009

Prior violations can have lasting repercussions that only begin with unwarrantable failure citations. by Peter S. Gould  With Mine Safety and Health Administration (MSHA) enforcement efforts ramped up to levels seldom before seen, more and more 104(d)-paper is being issued to the ...

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