5th Cir. Opinion on Mine Safety Sets Precedent for Inspections

A new federal appeals court decision sets precedents for how the US Mine Safety and Health Administration enforces its rules, attorneys for the Labor Department agency say.

In a published opinion released Tuesday, the US Court of Appeals for the Fifth Circuit in New Orleans backed an MSHA citation against a Texas mining company.

The citation involving Cactus Canyon Quarries Inc. of Marble Falls, Texas, was for a minor problem—a low-pressure alarm for a truck braking system didn’t work. The proposed fine was $123.

However, attorneys representing MSHA from the Department of Labor’s Office of the Solicitor said they believe ...