Coal Processor Subject to Mine Safety Law, Third Circuit Rules, Citing Coal Dust Hazard – Peter Gould

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    Denver Managing Partner Peter Gould told Bloomberg BNA (subscription required) in an e-mail July 16 that, ‘‘All things being equal, the secretary of labor has historically resolved MSHA/OSHA jurisdictional questions in favor of MSHA, and the Federal Mine Safety and Health Review Commission and the U.S. Circuit Courts of Appeal frequently support those jurisdictional determinations. This is especially true where, as in the case of Shamokin, MSHA has regulated a facility since the agency’s creation in 1977.’’ Mr. Gould was commenting on the ruling by a federal appeals court earlier in July that a facility that manufactures products from coal that is mined and processed elsewhere is properly regulated by the Mine Safety and Health Administration, not the Occupational Safety and Health Administration (Shamokin Filler Co. v. Fed. Mine Safety and Health Review Comm’n, 3d Cir., No. 12-4457, 7/11/14).

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