FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
April 25, 2025
|
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
BEN’S CREEK OPERATIONS WV, LLC |
: : : : : : : : |
Docket No. WEVA 2023-0530
|
ORDER
On April 16, 2024, the Commission issued a Direction for Review granting the Secretary of Labor’s Petition for Discretionary Review of the Judge’s decision on the captioned matter. Upon further consideration of the issues before the Commission, we have determined that review was improvidently granted. Accordingly, the Direction for Review is hereby VACATED.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution:
Thomas A. Paige, Esq.
Office of the Solicitor
U.S. Department of Labor
Division of Mine Safety and Health
200 Constitution Avenue NW, Suite N4428
Washington, DC 20210
Albert Grimmett, Superintendent
Ben’s Creek Operations WV, LLC
Surface Mine 1
109 Capitol Street, Suite 1000
Charleston, WV 25301
Melanie
Garris
US Department of Labor/MSHA
Office of Assessments, Room N3454
200 Constitution Ave NW
Washington, DC 20210
Chief
Administrative Law Judge Glynn F. Voisin
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
GVoisin@fmshrc.gov