Ruling gives OSHA some jurisdiction in mines

By |  December 19, 2017

A federal appeals court ruled that the Occupational Safety & Health Administration (OSHA) can investigate and fine federally regulated mines for safety violations involving non-mining operations, Reuters reports.

According to Reuters, the 2nd U.S. Circuit Court of Appeals reinstated more than $500,000 in fines OSHA imposed against Cranesville Aggregate Cos. in November 2009. Cranesville is a sand and gravel company near Schenectady, New York.

After receiving complaints and conducting a May 2009 inspection, OSHA issued Cranesville six citations for violations of various OSHA standards found at a bag plant. Cranesville contested the citations, arguing that the Mine Safety & Health Act governed the cited work conditions and gave the Mine Safety & Health Administration authority to enforce violations at the facility.

The 2nd Circuit, however, found that an administrative law judge erred in determining that the citations by OSHA were not enforceable.

Kevin Yanik

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Kevin Yanik is editor-in-chief of Pit & Quarry. He can be reached at 216-706-3724 or

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