United States DC Circuit

Citation was properly issued against the employer of a miner fatally injured by moving machinery while assessing necessary maintenance and repairs. 30 C.F.R. section 75.1725(c) required the power to be shut off and the machinery blocked against motion, even though the miner was not actually performing repair or maintenance when injured.

Appellate Information

• Argued 01/12/2004
• Decided 02/24/2004
• Published 02/24/2004

Judges

• Before:  EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause for petitioner.   With her on the briefs was W. Christian Schumann, Counsel.


• For Appellees:
  
• Melanie J. Kilpatrick argued the cause for respondent.   With her on the brief was Marco M. Rajkovich, Jr.