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Violations
In general, MSHA inspectors have very wide discretion in the issuance and non-issuance of citations for violations of the standards and regulations set out in 30 C.F.R.
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Every Violation
Considerable Discretion
Multiple Citations for Multiple Violative Conditions
Same-Standard/Same-Area Exception
Failure to Examine Citations
Multiple Record Keeping Violations
Multiple Citations for Single Violative Event
No Best Standard Defense
No Estoppel Defense
Other Inconsistent Enforcement Defenses
Fair Notice Required
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Lawyer Articles
Hey, This Wasn’t A Violation When The Other Inspector Was Here
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Violations News
Inspector’s Testimony Clears Operator of Three Violations
ALJ Rules on Practice of Assisted Pushing of Vehicles on Steep Inclines
ALJ Backs Inspector’s Findings
Judge Credits Operator over MSHA in Roof Dispute
MSHA Prevails in 75.400 Shades of Grey Litigation
75.400 Violation Not S & S
MSHA Forces Risk for Risk Tradeoffs
MSHA Perpetuates Confusion Between 56.12016 and 56.14105
Operators Must Provide “Ready Access” To Escapeways
Commission Rules against NSSGA, IME and Explosive Contractors
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