United States Fourth Circuit

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Dickenson-Russell Coal Company v. Secretary of Labor, 13-1374

A petition for review of an Administrative Law Judge's (ALJ) decision in favor of the Secretary of Labor upholding the citation of petitioner for violating the Federal Mine Safety and Health Act of 1977 by failing to report an injury at one of its mines within ten days of its occurrence, is denied, where: 1) the regulation requiring that anyone who qualifies as an "operator" under 30 C.F.R. section 50.20(a) must report every qualifying accident or injury via the filing of a Form 7000-1, is unambiguous; 2) petitioner, as owner and operator of the mine, was not relieved of this duty when a contractor, the employee's employer, timely filed a Form 7000-1 reporting the same incident; and 3) the ALJ's decision was consistent with this language.

Appellate Information

  • Decided 03/27/2014
  • Published 03/27/2014

Judges

  • TRAXLER

Court

  • United States Fourth Circuit

Counsel

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