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摘要

Mine operators' due-process rights were dealt another blow recently when the Federal Mine Safety & Health Administration (FMSHRC), by a 2-1 vote, upheld a citation that MSHA had issued under two conflicting standards, effectively allowing the agency to "plead in the alternative," giving the agency liberal right to amend its theory of violation. The decision was issued, in an appeal where Administrative Law Judge Barbour's ruling in MSHA's favor was affirmed, in Empire Iron Mining Partnership (FMSHRC December 2007). Commissioners Jordan and Young voted for the agency, while then-chairman Duffy dissented and would have vacated the citation. The case came before the commission after a miner was killed at a surface taconite-processing plant under MSHA jurisdiction. The worker suffered crushing injuries when a dump arm came down while he and another miner were attempting to free a pallet that was stuck in the wrong position.