An MSHA inspector performed an inspection June 17-18,2003 and issued four citations. On August 20-21,2003, the inspector returned to investigate a complaint that had been reported by telephone. During the complaint investigation, he issued seven citations. An administrative law judge wrote that The relationship between the operator and MSHA was clearly strained, and that it became increasingly strained during the inspections. The operator appeared agitated according to the inspector. The operator testified that the inspector made disparaging comments to the effect, as a mine operator with millions of dollars worth of equipment, that all he was interested in was profits, and not the safety of miners.
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