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.

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