Sixth Circuit Affirms Commission’s Finding of Advance Notice of MSHA Inspection Given by Mine Operator in 2012
May 17, 2022
On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022).
Factually, the case involved a situation where MSHA received an…