Due process for mine operators

摘要

Civil penalties for mine safety violations cited by the federal Mine Safety and Health Administration (MSHA) against pit, quarry and plant operators have, in recent years, become large enough to put individual operators out of business. In present economic circumstances, civil penalties can threaten any mine business, large or small. Certainly this is true for the largest segment of the mining industry that supplies materials for all types of construction, since construction activity has fallen precipitously. Fairness in determination of violations and assessment of penalties is essential. In the Federal Mine Safety and Health Act, Congress established procedures for review and evaluation of the validity of citations and penalties proposed by MSHA. A system of due process was created to ensure that operators are entitled to independent review of all enforcement actions and all monetary sanctions.