An independent contractor may be held liable for a violation on mine property, even if the contractor was not at fault. This was the decision of the United States Court of Appeals for the District of Columbia Circuit in Ames Construction on April 17. In so holding, the court affirmed a decision of the Federal Mine Safety Review Commission. Ames Construction was engaged as an independent contractor to construct a tailings pond at the Kennecott Utah Copper mine. Pipes weighing 3,000 pounds each were delivered to the mine by truck. The truck drivers were responsible for loosening the straps that restrained the pipes on their trucks, but not before the load was checked for stability.
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