Aggregates Manager

May 2017

Aggregates Manager Digital Magazine

Issue link: http://read.dmtmag.com/i/815541

Contents of this Issue

Navigation

Page 36 of 43

AGGREGATES MANAGER / May 2017 35 Recent MSHA actions illustrate that an independent-minded commission is critical for mine safety. Arthur Wolfson is a member in Jackson Kelly PLLC's Pittsburgh office where he practices in the Occupational Safety and Health Practice Group. He can be reached at 412-434-8055 or awolfson@jacksonkelly.com. Independent Commissioner Wanted W ith the advent of the Trump Administration, many in the mine safety community have rightly watched with anticipation for the announcement of who will be the next Assistant Secretary in charge of the Mine Safety and Health Administration (MSHA). But another upcoming appointment will also be critical for the near-term future of mine safety and health. The Federal Mine Safety and Health Review Commission currently has one vacancy, which will be filled by the Administration. It is hoped that the indivi- dual who fills that role will restore a sense of independence to the Review Commission so that it may fulfill its responsibility to the regulated community. The Review Commission is widely recog- nized as the 'court' where disputes over MSHA are heard. The Review Commission consists of its administrative law judges (ALJs), who hear and decide cases, and the Commission itself, which hears appeals of the ALJs' decisions. The Commission's deci- sions are precedential on future cases. The Commission consists of five members, three of whom are selected by the Administration of the party in power, and two who are selected by the party out of power. The Review Commission plays a critical role in the mine safety program. In creating MSHA in 1977, Congress recognized that it was vesting that agency with significant authority over mine operators. As a result, it created the Review Commission as a separate agency — outside the bounds of the Department of Labor — to hear challenges to enforcement actions. In doing so, Congress hoped to provide a meaningful check on MSHA's power. As an independent body, the Commission was intended to review how MSHA uses its power and provide relief if it exceeds its aut- hority. Congress stated as much, commenting in 1977 that, "An independent Commission is essential to provide administrative adjudica- tion, which preserves due process and ins- tills much more confidence in the program." Human Resources Committee, S. Rep. No. 95 181, Mine Safety & Health Act of 1977, at 47 (May 16, 1977).The Commission echoed this sentiment in its decision in Drummond Co., Inc., 14 FMSHRC 661 (Review Commission May 1992), stating that, "Addressing claims of arbitrary enforcement is at the heart of [the Commission's] adjudicative role." 14 FMSHRC at 674-75. Throughout much of its history, the by Arthur Wolfson ROCKLAW

Articles in this issue

Links on this page

Archives of this issue

view archives of Aggregates Manager - May 2017