7th Circuit denies petitions seeking review of mine safety regulations

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The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.

In October 2010, the MSHA acted on a new and broader interpretation of existing regulations that would allow inspectors to review employee medical and personnel records to ensure mines were accurately reporting miner injuries or illnesses. This review would be on top of the requirement that mine operators provide injury and illness reports.

When two mine operators refused to provide the records, MSHA issued citations and fines. The mine operators argued that MSHA isn’t authorized to require them to produce records beyond those that regulations specifically require them to maintain. The Federal Mine Safety and Health Review Commission and an administrative law judge found the document demands and enforcement to be lawful. The mine operators and a group of mine employees sought review by the 7th Circuit. The miners intervened before the commission to raise personal privacy challenges to the documents.

The petitioners argued (1) that MSHA does not have the authority to require mines to comply with the demands under the Mine Safety Act or relevant regulations; (2) that the relevant regulation, 30 C.F.R. § 50.41, is not a reasonable interpretation of the Mine Safety Act and was not properly promulgated; (3) that the document demands infringe the mine operators’ Fourth Amendment right not to be searched without a warrant; (4) that the demands violate the miners’ Fourth Amendment privacy rights in their medical records; (5) that the daily penalties MSHA imposed for failure to comply violate the mine operators’ Fifth Amendment right to due process of law; and (6) that the demands conflict with a variety of other federal and state laws.

In a 57-page opinion authored by Judge David Hamilton, Big Ridge Inc., Jerad Bickett, et al. v. Federal Mine Safety and Health Review Commission, et al., 12-2316, 12-2460, the 7th Circuit denied the petitioners request for review, agreeing with the commission that MSHA acted within its statutory and constitutional authority in demanding information that would allow MSHA to verify the accuracy of the mine operators’ injury reports and in issuing citations and fines when the operators did not comply.

The MSHA’s record demands do not conflict with federal and state laws as the petitioners and amicus National Mining Association argued, Hamilton wrote. The Mine Safety Act preempts state privacy laws in the event of any conflict, and the Americans with Disabilities Act’s and the Family and Medical Leave Act’s confidentiality requirements would not be violated by disclosure to MSHA pursuant to these orders.

“The records that MSHA seeks from mine operators are reasonably necessary for the agency to be able to fulfill its responsibility to protect miner safety and health. Without the records, significant numbers of mine-related injuries and illnesses may go unaccounted for, and mines operating under risky and hazardous conditions may continue to do so without sanction. In light of the long history of mine accidents and illness, Congress has given the Secretary and MSHA powerful tools to protect miners. Those tools include the demands to inspect documents at issue here,” he wrote.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...