A key federal appeals court decision has rejected MSHA’s argument that the Mine Act gave it authority to take enforcement against a manufacturing plant making and repairing mine equipment, saying that instead the shop falls under OSHA jurisdiction.
The decision is whether a company that operates a shop that makes and repairs mining equipment, is a mine subject to regulation by the Federal Mine Safety and Health Review
Administration. 30 U.S.C. § 802(h). The appeals court ruled that the facility (located outside of the mine site) does not extract minerals, and it does not prepare minerals for use. It builds and repairs mining equipment at a site that is neither adjacent to nor part of a working mine. Because the definition of “coal or other mine” refers to locations, equipment and other things in, above, beneath, or appurtenant to active mines, the facility is not a mine subject to the Administration’s jurisdiction.
Click here for a copy of the decision.