Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/815541
AGGREGATES MANAGER / May 2017 37 Review Commission has, for the most part, stayed true to its charge of providing independent review of MSHA's actions. For example, in Berwind Natural Resources Corp., 21 FMSHRC 1284 (Review Commission Dec. 1999), the Review Commission emphasized its own independence in response to a suggestion that MSHA should set the standard for how disputes should be resolved. To the contrary, it stated: We are not bound to defer to any specific test proposed by the Secretary. It is hardly open to question that this Commis- sion has the authority to interpret the Mine Act and adopt a specific test for adjudicating changes arising thereunder. Berwind Natural Resources Corp., 21 FMSHRC 1284, 1317 (Rev. Comm. Dec. 1999). During the past administration, however, MSHA sought to undermine the independence of the Review Commis- sion and take advantage of what it perceived as a friendly group of Commissioners. It went so far as to include in its proposed civil penalty rule an attempt to constrain the authority of the Review Commission in assessing civil penalties. It also argued, contrary to longstanding case law and Commission rules, that the Secretary need not justify settlements that are to be reviewed by the Review Commission. See, e.g., American Coal, 38 FMSHRC 1972 (Review Commission 2016). Those efforts were met with re- sistance, both by industry representatives and the Review Commission itself. In many ways, however, MSHA's efforts have succeeded. In a number of high-profile cases, the Review Commission and its administrative law judges have deferred to MSHA's position on the standard for deciding many key issues, including Pattern of Violations, jurisdiction, timeliness of filing, interference claims under Section 105(c), and what may be considered to sustain a 'repeated' flagrant violation. This trend has had a lasting impact on the mine safety le- gal landscape, as MSHA has sought to dictate the terms on which its own enforcement actions are to be judged. It can be expected that MSHA's efforts in this regard will continue if left unchecked. For this reason, it is critical that the Ad- ministration's appointee to fill the vacant Commission Seat must be a staunch advocate of Commission independence in order to fulfill Congress's mandate for the mine safety program. AM ROCKLAW 1.888.862.7461 www. beka-lube.com BEKA - LUBRICATION SPECIALISTS SINCE 1927 BEKA auto-lube is built to take the bumps and grinds of a hard-working life on the road or off. Give your fleet the solution that keeps them on the job. • Cast aluminum base withstands impacts and hot/cold cycles without leaking • No springs! Eccentric gear drive resists wear, fatigue and cold • Consistently precise grease dosing Find out why industries are choosing today's best-built auto-lube systems. Call 1.888.862.7461 or email us at info@beka-lube.com. BEKA SYSTEMS TAKE A THUMPIN'& KEEP ON PUMPIN' 026-144B AGG Manager 4.5x4.5 4C.indd 1 2017-02-01 3:26 PM Untitled-14 1 2/6/17 9:27 AM Automate Your Aggregate Plant, Asphalt Plant or Sand & Gravel Plant from $34,000 Paying for itself within just 3 months! • Improved Production • Reduced Downtime • Reduced Manpower • Less Cleanup • Equipment Interlocks • Personnel Safety. www.krusecontrols.com (800) 810-8966 Kruse Integration Logo Specifications Color Builds Corporate Logo Primary Format Corporate Logo Secondary (Horizontal) Format Gisha Bold Gisha Fonts: Gisha (Bold, Regular) Orange in CMYK: 0/89/100/0 Grey in CMYK: 0/0/0/40 Orange in RGB: 240/67/24 Grey in RGB: 167/169/172 Black in CMYK: 75/68/67/90 Black in RGB: 0/0/0 Black as Pantone Color: PMS 426 C Orange as Pantone Color: PMS 172 C Grey as Pantone Color: PMS 429 C www.kruseintegration.com Kruse_1.indd 1 8/19/14 9:28 AM