Thursday, January 06, 2011
Mine Safety Law Survives Court Test In Kentucky
KENTUCKY....
The U.S. Department of Labor says it used an overlooked provision in the 1977 Mine Safety and Health Act for the first time in the law's 33-year history to sue Richmond, Va.-based Massey in November, citing repeated problems of methane gas leaks, ventilation problems and roof collapses at its Freedom Energy No. 1 mine in Pike County, Kentucky. U.S. mine regulators say Wednesday's victory attests to the fact that the enforcement provision used in the case could survive a court challenge, and they are poised to use the long-ignored portion of the law to haul operators of other troubled mines into court for repeatedly violating safety laws. U.S. Labor Solicitor Patricia Smith said regulators had recorded nearly 2,000 safety violations at the Freedom mine and its workers were in "constant danger." Most enforcement actions are handled by administrative law judges in less formal proceedings, but mine safety experts say the little-used provision is the "strongest tool" in the 1977 Mine Safety and Health Act because of the involvement of a federal judge.
The U.S. Department of Labor says it used an overlooked provision in the 1977 Mine Safety and Health Act for the first time in the law's 33-year history to sue Richmond, Va.-based Massey in November, citing repeated problems of methane gas leaks, ventilation problems and roof collapses at its Freedom Energy No. 1 mine in Pike County, Kentucky. U.S. mine regulators say Wednesday's victory attests to the fact that the enforcement provision used in the case could survive a court challenge, and they are poised to use the long-ignored portion of the law to haul operators of other troubled mines into court for repeatedly violating safety laws. U.S. Labor Solicitor Patricia Smith said regulators had recorded nearly 2,000 safety violations at the Freedom mine and its workers were in "constant danger." Most enforcement actions are handled by administrative law judges in less formal proceedings, but mine safety experts say the little-used provision is the "strongest tool" in the 1977 Mine Safety and Health Act because of the involvement of a federal judge.
# posted by Homer Owens @ 11:35 PM 
