FMSHRC to Weigh Kansas Quarries' Appeal

The Federal Mine Safety and Health Review Commission will decide Jan. 8 whether Administrative Law Judge Richard W. Manning correctly decided a case last April in which the operator of limestone quarries in Kansas contended 100 citations and orders filed by MSHA after a former employee filed a complaint were caused by employees' intentional misconduct, and in any case, MSHA inspectors had not penalized the company for them during previous inspections. Manning vacated some of the citations, modified or affirmed others, and assessed a total civil penalty of $11,090 after rejecting the mine operator's claim that its foremen, whose conduct was the basis for the citations, were rank-and-file miners with no real supervisory control. (This would mean the operator could not be cited for their actions.)

The case is Secretary of Labor v. Nelson Quarries, Inc., Docket Nos. CENT 2006-151-M, CENT 2006-203-M, and CENT 2006-201-M.

The commission must decide whether Manning properly concluded the foremen were agents of the operator, that the operator's violation of 30 CFR 56.6130(a) -- the standard covering storage of explosives at a mine -- was significant and substantial, and that the operator violated 30 CFR 56.6300(b), which says only trained people may direct blasting operations and untrained people may be around blasting operations only in the company of people trained in blasting procedures.

Download Center

HTML - No Current Item Deck
  • Get the Ultimate Guide to OSHA Recordkeeping

    OSHA’s Form 300A posting deadline is February 1! Are you prepared? To help answer your key recordkeeping questions, IndustrySafe put together this guide with critical compliance information.

  • Steps to Conduct a JSA

    We've put together a comprehensive step-by-step guide to help you perform a job safety analysis (JSA), which includes a pre-built, JSA checklist and template, steps of a JSA, list of potential job hazards, and an overview of hazard control hierarchy.

  • Levels of a Risk Matrix

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Industry Safe
TenCate FR Technology

OH&S Digital Edition

  • OHS Magazine Digital Edition - October 2020

    October 2020

    Featuring:

    • FACILITY SECURITY
      EHS Compliance: Make it Personal
    • FOOT PROTECTION
      Choosing the Right Safety Shoe for Your Industry
    • HAND PROTECTION
      A Requirements Checklists for Work Safety Gloves
    • COVID-19 MANAGEMENT
      Contemporary Issues in HSE Management
    View This Issue