Workers' Compensation

MSHA's Statement on Ruling and Citations Disputed by Massey

Arlington, VA (CompNewsNetwork) - Joseph A. Main, assistant secretary of the U.S. Department of Labor's Mine Safety and Health Administration, issued the following statement on a ruling in the Tiller No. 1 Mine pattern of violations case:


"As a result of today's oral decision* by Federal Mine Safety and Health Review Commission Judge David Barbour, Massey Energy's Tiller No. 1 Mine in southwestern Virginia cannot be placed on a pattern of violations by MSHA. The result makes clear the need to reform the broken pattern of violations system.


"The underground coal mine operation had contested 29 violations that would have formed the basis for issuance of a pattern notice. Judge Barbour agreed that the company committed all 29 violations, but he did not find a 'pattern' because he concluded that only 19 violations were significant and substantial. To place Tiller No.1 Mine on a pattern, 25 of those violations needed to be upheld as S&S …read more