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American Mining & Tunneling 38 FMSHRC 2319 (ALJ Aug.
In oral arguments and in his brief, the Secretary attempted to compare the FMSHRC to a generalist court--an argument also staunchly rejected by the Commission.
And while the Secretary sought to compare FMSHRC to the Occupational Safety and Health Review Commission, "there is no provision similar to section 110(k) in the OSH Act.
If requested, a Federal Mine Safety and Health Review Commission (FMSHRC) ALJ will hold an expedited temporary reinstatement proceeding.
On the other hand, if MSHA believes that the miner made a valid section 105(c) claim, it will file the complaint with FMSHRC on behalf of the miner.
Ambrosia, 18 FMSHRC 1552 (Commission); Secretary v.
In a previous case involving Kerr Enterprises (26 FMSHRC 955), it was determined that the site was a mine and not a borrow pit where there was continuous extraction and Kerr sold clay, sand and topsoil on a regular basis to landscapers, concrete companies and refinery contractors.
DAWES RICCINC & CRANE RENTAL, 12/10/20ia, FMSHRC No.
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