Federal Mine Safety and Health Review Commission

Federal Mine Safety and Health Review Commission... 

Citations are to the U.S. Code (USC), the Code of Federal Regulation (CFR), the Federal Mine Safety and Health Review Commission (FMSHRC) cases, the MSHA Program Policy Manual, and the Federal Register (Ped. Reg.). 

In recent legal challenges to MSHA s authority, MSHA was found to have jurisdiction over demolition contractors at a site where coal was handled for processing at a cogeneration plant,but not at a coal-fired electric power plant, an electric utihty, or an abandoned coal silo. MSHA has long resisted any attempt to split off functions so as to avoid its jurisdiction. In Mineral Coal Sales, Inc., the Federal Mine Safety and Health Review Commission affirmed MSHA jurisdiction, noting ... 

On administrative review, the Federal Mine Safety and Health Review Commission upheld the AU s decision as to each entity in result, but for somewhat different reasons. Rather than necessarily requiring a showing of day-to-day control, the commission held that whether an entity would be deemed an operator would be based on the totaHty of the circumstances determined on a case-by-... 

Miners or their representatives may appeal the issuance, modification, or termination of any order issued under Section 104 of the Mine Act. They can apply for reinstatement, modification, or vacation of a 107 imminent danger order. They can also challenge the abatement time or modification of a citation. Such appeals must be filed with the Federal Mine Safety and Health Review Commission within 30 days of the MSHA decision/action. Mine operators also have the same right to an appeal. During a commission review, miners are afforded the opportunity to be a party to or to testify in any enforcement action contested by the operator of the mine. Miners also have a right to a copy of MSHA s initial review of a citation or order, to submit additional evidence, and to request and attend a conference to review the citation. 

Special organizations hear complaints about enforcement of particidar federal regidations. Upon appeal, some complaints may proceed to district or circuit courts. The Occupational Safety and Health Review Commission hears employer appeals of OSHA citations. The Mine Safety and Health Review Commission has a similar function. 

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