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![handle is hein.usfed/fmshr1992 and id is 1 raw text is: CCASE:
MSHA V. SO. OHIO COAL
DDATE:
19920110
TTEXT:
January 10, 1992
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
v. Docket Nos. WEVA 88-144-R
WEVA 88-212
SOUTHERN OHIO COAL COMPANY
BEFORE: Ford, Chairman; Backley, Doyle, Holen and Nelson, Commissioners
DECISION
BY THE COMMISSION:
This consolidated contest and civil penalty proceeding arises under
the Federal Mine Safety and Health Act of 1977, 30 U.S.C. * 801 et seq.
(1988)(Mine Act or Act), and presents two issues: (1) whether a notice
to provide safeguards issued pursuant to 30 C.F.R. * 75.1403 is invalid if
it addresses conditions that exist in a significant number of mines; and (2)
whether the validity of a notice to provide safeguards is materially
affected by the fact that it is patterned after 30 C.F.R. * 75.1403-9(a), a
published safeguard criterion. Our decision in this matter is
one of
1
30 C.F.R. * 75.1403 repeats section 314(b) of the Mine Act, 30 U.S.C.*
874(b), and states:
Other safeguards adequate, in the judgment of
an authorized representative of the Secretary [of
Labor], to minimize hazards with respect to
transportation of men and materials shall be
provided.
30 C.F.R. * 75.1403-1 sets forth general provisions regarding
criteria by which authorized representatives are guided in requiring
safeguards. Section 75.1403-1(a) provides:
Sections 75.1403-2 through 75.1403-11 set out
the criteria by which an authorized representative
of the Secretary will be guided in requiring other
safeguards on a mine-by-mine basis under * 75.1403.
Other safeguards may be required.
The procedures by which an authorized representative of the Secretary
~2
several on this date with respect to the Secretary's issuance of safeguards. 2](ViewImageLocal?handle=hein.usfed/fmshr1992&div=1&collection=&method=preview&ext=.png&size=3)