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Legally Speaking - June 2017


How Do You Represent Yourself When Challenging MSHA Citations?

Picture this. Your mine gets a Mine Safety and Health Administration (MSHA) citation you do not agree with for a variety a reasons. The problem is, it’s been assessed at $200 and you cannot justify hiring counsel to defend the company for a citation with such a small penalty.

Many operators feel they do not have the resources or the knowledge to defend the company in this situation. Here’s a recent story that might inspire you. Buzzi Unicem USA operates a small limestone pit in Tennessee. Early one March morning, an MSHA inspector arrived and issued a citation for failing to maintain sufficient illumination in the area where the barges are docked. The secretary sought a penalty of $100 for the alleged violation.

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