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1981 FMSHRC [1] (1981)

handle is hein.usfed/fmshr1981 and id is 1 raw text is: CCASE: MSHA V. CYPRUS INDUST. MINERALS DDATE: 19810108 TTEXT: FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION WASHINGTON, D.C. January 8, 1981 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Docket No. DENV 78-558-M V. CYPRUS INDUSTRIAL MINERALS CORPORATION DECISION The issue before us is whether the site of the contested withdrawal order is a mine as defined by section 3(h)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. (Supp. III 1979). On August 3, 1978, an imminent danger withdrawal order was issued to Cyprus Industrial Minerals (CIM), which filed an application for review of that order. The area subject to the order was CIM's Bosal No. 1 claim. An independent contractor, Pee Wee Holmes, had contracted with CIM to establish a portal and drift in order to assess the ore on the claim. Holmes had one employee, Raymond Pederson, aiding him in per forming the work. They began operations on July 29, 1978. On August 2, they cleared away muck at the base of the portal and cleared the overburden above the portal in preparation for setting posts. They also scaled from the top of the hill and the ground, and barred and scaled the brow. On August 3, Holmes and Pederson completed the barring and scaling to their satisfaction and were in the process of setting posts, when rocks suddenly broke loose from the face of the drift. Pederson was crushed to death by the rocks. An inspector from the Mine Safety and Health Administration (MSHA) investigated the area and issued an imminent danger withdrawal order under section 107(a) of the Act.

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