Cases Currently on Review Before the Commission

Date Updated:
04/01/2019

Cases Currently on Review Before the Commission



 

No.

 

Case Name

Docket No.

Date When Review was Granted

 

Description of the Case

 

1

Sims Crane

 

SE 2016-81

2/22/17

Whether the Judge erred in upholding a citation alleging that a miner had not used fall protection when required.

2

M-Class Mining, LLC

 

LAKE 2012-519

5/12/17

Whether the Judge erred by concluding that miner was not required to wear gloves while troubleshooting an energized continuous mining machine.

3

McNary v. Alcoa World Alumina

 

CENT 2015-279-DM

1/30/18

On remand from the Commission, whether the Judge erred by ruling that the Complainant had failed to establish that his supervisor’s actions constituted unlawful interference with his rights under the Mine Act.

4

Solar Sources, Inc.

 

LAKE 2017-99

5/8/18

Whether the Judge abused his discretion and failed to adequately explain the basis for the penalty he imposed.

5

Solar Sources, Inc.

 

LAKE 2017-52

5/16/18

On interlocutory review, whether the Secretary possess unreviewable discretion to withdraw a specially assessed proposed penalty.

6

Sunbelt Rentals, Inc.

 

VA 2013-291

6/14/18

Whether the Judge erred in ruling that a particular location in a preheat tower was a “working place” for purposes of an examination requirement.

7

Peabody Midwest Mining, LLC

 

LAKE 2017-450

7/31/18

Whether the Judge erred in concluding that a violation of the mine’s Emergency Response Plan was “significant and substantial.”

8

The Doe Run Co.

 

CENT 2015-318-RM et al.

8/27/18

On cross petitions, whether the Judge erred in concluding that the operator had violated certain standards based on strict liability and whether the Judge erred by failing to conduct separate S&S and negligence analyses for the different violations.

9

The Monogalia Coal Co.

 

WEVA 2015-0509

9/6/18

Whether the Judge erred in denying the Secretary the opportunity to present evidence of prior violations to support his allegation that repeated flagrant violations had taken place.

10

Thomas v. CalPortland Co.

 

WEST 2018-402-DM

1/17/19

Whether the Judge erred in concluding that the operator discriminated against the miner because of his safety complaints.

11

KenAmerican Resources, Inc.

 

KENT 2013-211

1/22/19

Whether the Judge erred in concluding that the operator’s employees had not given advance notice of an MSHA inspection.

12

Richmond Sand & Stone, LLC

 

YORK 2018-31-M

1/31/19

Whether the Judge erred in ruling that the operator violated the standard requiring that an operator contact MSHA within 15 minutes of the occurrence of a fatal accident.

13

M-Class Mining, LLC

 

LAKE 2018-0188-R

2/25/19

Whether the Judge erred in ruling that a section 103(k) safety order was validly issued and was not an abuse of discretion.

  

14

Northshore Mining Co., et al.

 

LAKE 2017-224

3/25/19

On cross-petitions, whether the Judge erred in concluding that findings of violations and unwarrantable failure were supported by substantial evidence; whether the Judge erred by requiring a higher negligence showing to establish the “reckless failure” component of a flagrant violation than is required to establish reckless disregard and unwarrantable failure.