Cases Currently on Review Before the Commission

Date Updated:
04/03/2017

Cases Currently on Review Before the Commission

 



No.


Case Name

Docket No.

Date When Review was Granted



Description of the Case

1

Consol Pennsylvania Coal Co.

 

PENN 2013-385

9/8/15

Whether the Judge erred in making high negligence and unwarrantable failure findings.

2

Nally & Hamilton Enterprises, Inc.

 

KENT 2012-749, et al.

9/28/15

Whether the Judge erred in concluding that two violations were not significant and substantial.

3

John Richards Construction

 

WEST 2014-440-M


WEST 2015-101-M

10/2/15

Whether the Judge erred in granting summary decision in a case involving an MSHA inspector’s right of entry and in ruling that an annual inspection of fire extinguishers had not been conducted.

4

Consolidation Coal Co.

 

VA 2012-42

11/30/15

Whether the Judge erred by concluding that a deep cut in violation of a roof control plan was not “significant and substantial.”

5

Pocahontas Coal Co.


WEVA 2014-395-R, et al.

1/6/16

Whether the Judge erred by finding that MSHA had established a pattern of violations at the mine in question.

6

Peabody Twentymile Mining, LLC


WEST 2014-930-R

1/8/16

Whether the Judge erred by rejecting consideration of the operator’s approved ventilation plan in interpreting a mandatory standard governing ventilation.

7

Bussen Quarries, Inc.


CENT 2015-385

1/21/16

Whether the Judge erred in determining there had been a violation of a mandatory standard governing the requirement to use safety belts and lines.

8

Sims Crane


SE 2015-315

6/1/16

Whether the Judge erred in interpreting the standard providing that miners must stay clear of the suspended loads of a crane.

9

Secretary o/b/o

Greathouse, et al. v.

Monogalia County Coal Co., et al.


WEVA 2015-904-D et al.

6/9/16

Whether the Judge erred in ruling that certain bonus plans instituted by the operators interfered with miners’ rights under the Mine Act.

10

Mach Mining, Inc.


LAKE 2014-77, et al.

7/1/16

Whether the Judge erred by ruling that the operator did not violate the standard requiring that electrical protection devices on high-voltage longwall equipment be maintained.

11

Arnold Stone Co.


CENT 2016-95-M

8/26/16

Whether the Judge erred in concluding that a violation involving a loader with a defective safety lockout did not result from an unwarrantable failure to comply.

12

Canyon Fuel Co.


WEST 2015-635

9/26/16

Whether the Judge erred in concluding that the operator had violated a standard governing alternate escapeways.

13

Mach Mining, Inc.


LAKE 2014-746

9/29/16

Whether the Judge erred in upholding citations for excessive accumulations of coal and finding that they were S&S and resulted from high negligence.

14

The American Coal Co.


LAKE 2011-701

11/28/16

Whether on remand the Judge erred by not adequately explaining the basis for the assessed penalty amounts.

15

Secretary o/b/o McGary, et al.

v.

The Marshall County Coal Co., et al.


WEVA 2015-583-D, et al.

12/6/16

Whether on remand the Judge erred in requiring the operators’ CEO to personally read a prepared statement at the mines in question.

16

Lehigh Anthracite Coal, LLC, and

Wetzel


PENN 2014-108 et al.

1/3/17

Whether the Judge erred by ruling that sending a miner into the pit in question constituted “high negligence” rather than “reckless disregard.”

17

Kentucky Fuel Corp.


KENT 2015-383

1/12/17

Whether the Judge erred in finding high negligence with respect to a violation for inadequate training of a miner.

18

Alcoa World Alumina, LLC


CENT 2015-128-M, et al.

2/17/17

Whether the Judge erred in making negligence and unwarrantable failure determinations because he did not treat a particular employee as an agent of the operator.

19

Sims Crane


SE 2016-81

2/22/17

Whether the Judge erred in upholding a citation alleging that a miner had not used fall protection when required.