Mine Safety & Health Review Commission Upholds Two Determinations That Lifeline Requirement Violations Were Significant and Substantial
In two comparable cases, the Federal Mine Safety and Health Review Commission upheld ALJ determinations that lifeline requirement violations in secondary escapeways of the Federal Mine Safety and Health Act were significant and substantial. In the first case, an MSHA inspection revealed that a lifeline in a secondary escapeway was inaccessible for 110 feet because it was seven to twelve feet above the mine floor. In the second case, an MSHA inspection revealed a lifeline in a secondary escapeway was missing for 20 feet in a busy intersection. In both cases, the mining company challenged the violation but an ALJ determined that the violations were significant and substantial because of the necessity of a functioning lifeline in an emergency. In affirming the ALJs, the Review Commission explained that the likelihood of an emergency occurring was irrelevant in this analysis. The companies’ assertions that there were other adequate safeguards such as ventilation or familiarity with the layout of the mine were also rejected.
