Commission decision reinstates MSHA’s POV authority over Brody Mining
In a recent ruling, the Federal Mine Safety and Health Review Commission overturned an administrative law judge’s decision that invalidated an enforcement action taken two years ago against a West Virginia coal mine operator. Using one of its toughest enforcement tools, the Mine Safety and Health Administration issued a pattern of violations notice to Brody Mining LLC of Wharton in October 2013. The mine operator challenged the issue of the notice and, last November, a judge invalidated the notice.
The commission reversed the administrative law judge and ruled that the U.S. Secretary of Labor had adequately defined the term “pattern of violations.” The commission held that the judge erred by vacating the Secretary’s notice before taking any evidence, and it sent the case back to the judge to take evidence and apply the definition of “pattern of violations,” which the commission announced.