Banner Blue Coal Company
The Secretary of the Labor, Mine Safety and Health Administration (MSHA) issued two citations pursuant to 30 CFR §75.512 requiring electrical equipment to be frequently examined, tested, and properly maintained. The citations alleged that the locking mechanism on our client’s electrical power source was not functioning properly. A Federal Mine Safety and Health Review Commission judge upheld the violation, but vacated the “significant and substantial” designations attached to the violations. Additionally, the judge vacated a third citation issued pursuant to 30 CFR §75.503 requiring electrical face equipment to be maintained in permissible condition. The judge asserted that the citation lacked validity.