Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/803901
AGGREGATES MANAGER / April 2017 41 'back the lens' and found that MSHA's jurisdiction did not extend to facili- ties wherever they exist because they work on or sell mining equipment but, rather, it extended only to facilities and equipment if they are "in or adjacent to — in essence part of — a working mine." The Court found that § 802(h) (1), which defines "mine," is locational. Indeed, as the Court noted, the title of the Mine Act and the title of MSHA suggest that the definition of 'coal or other mine' relates to a place — land and things in or connected to a mine. Maxxim slip op. * 4 7. The Court found further support for its decision by noting that Mine Act definitions extend only to things that one would see in or around a work- ing mine and not to mining equipment or mining machines, tools, or other property wherever they may be found or made. The Court noted that the definitions of 'operator,' 'agent,' and 'miner' are also defined in relation to working mines and that the pertinent definition of 'coal mine' in § 802(h)(2), which applies to other federal programs such as the Black Lung Benefits Act, is also locational. The Court noted that Congress separately gave MSHA the authority to regulate equipment sold to mines under 30 U.S.C. § 820(h), which it characterized as "the most natural home for regulating mining equipment unconnected to a working mine." In this case, however, the Court noted that MSHA did not cite Maxxim for equip- ment violations. Maxxim slip op. * 7 8. The Court also declined to extend Chevron deference to the Secretary's position, finding it unreasonable as it overlooked all of the textual and precedential clues and had no stop- ping point. By way of example, the Court considered how the Secretary's position would have applied to a large equipment manufacturer which was not remotely near any working mine, but under the Secretary's position "that any 'facility' that makes 'equip- ment' that is 'used' or 'to be used' in a coal mine is a coal mine — would have transformed that plant into a coal mine." Maxxim slip op. * 9. Finally, the Court rejected the Secretary's and Commission's heavy reliance on Jim Walter Resources, Inc., stating that the Court was not bound by an incorrect Commission decision. The Sixth Circuit's decision is particularly noteworthy because MSHA sought to exercise its jurisdiction over off-site shops and equipment traditio- nally covered under OSHA jurisdiction, including other metallurgical fabrication shops and equipment rebuild facilities. The Sixth Circuit's decision soundly rejected this jurisdictional overreach and serves as a significant check on the unlawful expansion of MSHA's jurisdiction. AM Author's note: In Jim Walter Re- sources, Inc. 21 FMSHRC 22 (Review Commission, January 2000), the Commission held that a supply shop located off the mine site was subject to MSHA jurisdiction and affirmed the ALJ's decision that a machine shop was also subject to MSHA jurisdiction. Jim Walter Resources operated four un- derground coal mines in a two-county area in Alabama and, in one of the counties, it operated a machine shop and supply shop. The two facilities, which were adjacent to one another, were located 1 mile from the closest mine and 25 miles from the farthest mine. The central machine shop pro- vided its services only to JWR's mines and related facilities, and the central supply did not sell any of its ware- housed materials to the public. HEALTH & WELLNESS PAVILION GATSonline.com REGISTER NOW and we will keep you posted on EVERYTHING to look forward to this year in Dallas! TRUCK PARKING COMMUNITY • Free health screenings • Cooking demos • In-cab fitness demos • Healthy food options • Health-related vendors • Daily meet and greets and celebrity appearances • Live performances at the booth • Prize giveaways and drawings drawings • FREE Truck Parking • Shuttle bus transportation to convention center • Showers, food vendors and entertainment • RV parking (no hook-ups) • RV parking (no hook-ups) ROCKLAW