Aggregates Manager Digital Magazine
Issue link: https://read.dmtmag.com/i/248272
ROCKLAW protect the safety of all persons on mine site and off mine site." The operator contested the order, arguing that the event at issue did not constitute an "accident" for purposes of § 103(k). The operator argued that the event fit neither the definition of "accident" in the reporting regulations at 30 C.F.R. Part 50 nor the Program Policy Manual. The operator further argued that by not limiting the Secretary to the definitions of "accident" in her regulations and Program Policy Manual, the Secretary could justify a 103(k) order with an "ad hoc definition of 'accident.'" The Commission affirmed the ALJ's decision upholding MSHA's order issued under § 103(k). The Commission held that the plain meaning of "accident" in § 3(k) includes more than the specific events enumerated in § 3(k) and that the scope of § 3(k) is ambiguous. As a result, the Commission accorded deference to the Secretary's interpretation of "accident" as events that are similar in nature to or have a similar potential for injury or death as a mine explosion, ignition, fire, or inundation. Here, the launching of the rock took place inside of the mine and, based on the Secretary's definition, amounted to an accident occurring in a mine because the blast that unexpectedly caused a large rock to enter a nearby residential yard had the potential to cause injury or death. The Commission also distinguished the definition of accident in § 50.2(h) and § 3(k) of the Mine Act by holding that the definition of accident in § 50.2(h) was narrower in scope and limited to the terms used in Part 50 of MSHA's regulations. However, the term "accident" was not similarly limited in § 3(k) of the Act. The Commission's decision upholding the issuance of the § 103(k) order has served to expand MSHA's authority under that provision. The use of such orders in instances that may not qualify as accidents has enlarged the types of incidents that may give rise to such an order. As a result, this broad scope allows MSHA to control areas that may have had nothing to do with the incident at hand. If MSHA issues a § 103(k) order, operators must evaluate whether the incident resulted in an "accident" as that term is being defined by both MSHA and the Commission. AM AGGREGATES MANAGER February 2014 43