ILNews

7th Circuit declines to overturn mine’s fine for safety violation

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.

Peabody Midwest Mining LLC asked the 7th Circuit to take a look at the order issued by an administrative law judge that fined the company $4,329. Inspectors went to Peabody’s Gibson County mine and found that “berms” – the protective mounds – were too low along certain roadways. At a follow-up visit, an inspector found no berms or inadequate berms along a “bench” – a ledge cut into the side of the pit. The ledge was created to move a dragline, a massive piece of excavating equipment.

The inspector cited the mine, concluding the berm violation was significant and substantial because the lack of a berm could result in a permanently disabling injury. During the move of the dragline, other vehicles traveled around the dragline, either moving the berm to allow the dragline to pass or smoothing out the land where the dragline had passed and rebuilding the berm. The concern was these vehicles were too close to an edge of the mine without a protective mound.

An administrative law judge upheld the decision, finding the bench to be a roadway even while the dragline was moving because other rubber-tired vehicles used the path. She also determined the remaining berms were not high enough and fined the company. Peabody petitioned for review by the Federal Mine Safety and Health Review Commission, which sent the case back for further review to the ALJ. She again upheld her decision and the commission declined to review her order again.

The 7th Circuit also declined Tuesday to review the matter. The judges determined that substantial evidence supports the commission’s determination that the continuous use of the bench by service or haulage trucks left unchanged the status of the bench as a roadway, even during the dragline move. Peabody claimed the bench did not qualify as a roadway during the dragline’s move. The judges also found evidence to credit ALJ’s conclusion that the mine violated regulations by failing to maintain a berm on two-tenths of a mile of the bench, citing the testimony of the inspector.

The case is Peabody Midwest Mining LLC, formerly doing business as Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, and Secretary of Labor, Mine Safety and Health Administration, 13-1659.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

ADVERTISEMENT