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FMSHRC News, Analysis and Case Summaries

A mine operator that disagrees with MSHA and does not receive relief at a MSHA conference can contest MSHA's enforcement action before the Federal Mine Safety and Health Review Commission (FMSHRC). The FMSHRC is an independent federal agency, not a federal court. However, the FMSHRC functions much like a court and issues decisions after trial-like hearings conducted by FMSHRC administrative law judges. Certain FMSHRC ALJ decisions are reviewed by the Review Commission. Decisions of the Review Commission can be appealed to the United States Court of Appeals. Mine Safety and Health Network members have access to all prior FMSHRC decisions, an analysis of FMSHRC practice and procedure and summaries of current FMSHRC decisions.
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FMSHRC Headlines


ALJ Says Loose Coal Equals 75.400 Violation
02/18/2011 Read Article
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ALJ Rules Operator Strictly Liable for Sudden Change in Roof Conditions
02/16/2011 Read Article
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ALJ Suggests Tape Barricade Okay During Guard Repairs
02/15/2011 Read Article
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Operator Comes Up Empty at Hearing
02/09/2011 Read Article
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ALJ Rules Ignorance of the Law not a Defense for Superintendent and Operator
02/09/2011 Read Article
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$500 for No Fault Violation
02/03/2011 Read Article
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ALJ Says Surveyor Must Receive New Miner Training
02/01/2011 Read Article
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Unwarrantable Failure to Change Light Bulb in Lunchroom Vacated
02/01/2011 Read Article
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Temporary Reinstatement Becomes Even More Potent
01/07/2011 Read Article
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Commission Rules on Lightening Arrestors
12/22/2010 Read Article
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Aracoma Civil Case Finally Resolved
12/16/2010 Read Article
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Quecreek Penalties Affirmed
10/28/2010 Read Article
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Commission Rules on S & S Status of Safeguards
10/21/2010 Read Article
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Commission Complicates Unwarrantable Failure Analysis
10/13/2010 Read Article
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  Resources for Contesting MSHA Citations & Orders
  Search FMSHRC Decisions
Mine Safety and Health Network members can electronically search all published FMSHRC decisions.

Enter standard number (e.g. 56.11001) or keyword (roof bolt):

Search Instructions
  FMSHRC Decision Summaries
Mine Safety and Health Network members can read and search case summaries of all recent decisions issued by the Federal Mine Safety and Health Review Commission.

Find a summary of a recent FMSHRC decision:

  Review Commission
  Commissioners:

     Michael F. Duffy,
  Chairman, till 8/30/2006

     Stanley C.Suboleski,
  Commissioner till 8/30/2006

     Mary Lucille Jordan,
  Commissioner till 8/30/2008

     Michael G. Young,
  Commissioner till 8/30/2008

    5th seat is currently vacant.

Resources:

  Scheduled meetings

  Transcripts of oral arguments

  Decided cases (since 1995)


Contact:

601 New Jersey Avenue, N.W.
Washington, D.C. 20001
ph: (202) 434-9900
fx: (202) 434-9944
E-Mail: info@fmshrc.gov
  FMSHRC Administrative Law Judges
  ALJs:

    Robert J. Lesnick, Chief ALJ

    David F. Barbour

    Jacqueline Bulluck

    Jerold Feldman

    T. Todd Hodgdon

    Richard W. Manning

    Gary Melick

    Irwin Schroeder

    Avram Weisberger

    Michael E. Zielinski
Resources:

     Decided Cases (since 1995)



Contact:

601 New Jersey Avenue, N.W.
Washington, D.C. 20001
ph: (202) 434-9900
fx: (202) 434-9944
E-Mail:info@fmshrc.gov



1244 Speer Blvd., Room 280
Denver, CO 80204
ph: (303) 844-5267
fx: (303) 844-5268
  FMSHRC Procedure
Because the Federal Mine Safety and Health Review Commission functions much like a court, it has developed rules of procedures that are applicable in FMSHRC proceedings. 29 C.F.R. 2700. The FMSHRC is currently considering revisions to these rules. Mine Safety and Health Network members have access to a practice guide that analyzes FMSHRC practice and procedure, including the potential for the recovery of attorney's fees under the Equal Access to Justice Act.
  FMSHRC Practice
Even though FMSHRC proceedings are similar to court proceedings, the Federal Mine Safety and Health Review Commission does not require that a mine operator be represented by an attorney. The FMSHRC's rules expressly permit an owner, partner, officer or employee to represent a mine operator in a FMSHRC proceeding. 29 C.F.R. 2700.3. It is common for safety managers to represent mine operators before the FMSHRC. Even though legal counsel is not required in FMSHRC proceedings, many mine operators choose to be represented by a mine safety attorney with prior MSHA experience. Regardless of whether a mine operator or mining contractor is represented by a mine safety lawyer, a general practice attorney or a company employee with health and safety expertise, the MSHA Treatise and Mine Safety Law Search give Mine Safety and Health Network members an edge in FMSHRC contests.
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