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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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