In the recent issue of Rock Products, I look at a recent decision by the United States Court of Appeals for the Sixth Circuit limiting MSHA’s jurisdiction. If you operate a shop that services mining equipment, you’ll want to take note of this case.
On February 13, 2017, a unanimous panel of the Sixth Circuit issued its decision in Maxxim Rebuild Company LLC v. Federal Mine Safety and Health Review Commission. They held that the Mine Act’s definition of “‘coal or other mine” refers to locations, equipment and other things in above, beneath or appurtenant to active mines.” Thus, the court determined that MSHA did not have jurisdiction over a shop that makes and repairs mining equipment and machine parts but is not located on mine property.
As I wrote in my piece, “MSHA’s appetite for authority is nearly insatiable. Granted, gluttony of this sort is rather common amongst administrative agencies, and the struggle to control their intake is a never-ending one. Nevertheless, it is rather satisfying to see the Sixth Circuit Court of Appeals force MSHA to back away from the buffet table.”