Appeals Court Rejects Challenge to Mine Safety Penalty Amounts

The formula for calculating federal fines against mining companies and contractors was upheld by a federal appeals court.

The US Court of Appeals for the District of Columbia Circuit ruled Friday that MSHA’s long-used method to set fines by partially basing the amount on an employer’s history of recent violations was correct.

Under the Federal Mine Safety and Health Act, the US Mine Safety and Health Administration can consider an employer’s recent history of violations, in addition to the new citations, when determining a fine.

GMS Mine Repair and Maintenance Inc., headquartered in Oakland, Md., argued that MSHA misread ...