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2 min read

Consol Pennsylvania Coal Company's Battle with Mine Safety Citations

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On August 12, 2013, a significant accident occurred at Consol Pennsylvania Coal Co.'s mine, involving miner Robert Stern. Stern was crushed between two large pieces of mining equipment, leading to a severe injury that included a broken pelvis and potential internal bleeding. The mine's supervisor, John McDonald, was quickly alerted and arrived at the scene within minutes, followed by EMT Shannon Smith, who assessed Stern's injuries.

Response to the Accident

As part of the immediate response, Smith recognized alarming symptoms, including abdominal swelling—a possible sign of internal bleeding. He decided to request a Life Flight helicopter for Stern, who was conscious but in severe pain. Due to unfavorable weather conditions, Stern was ultimately transported to the hospital by ground ambulance. Despite the rapid response to the miner’s injuries, Consol did not notify the Mine Safety and Health Administration (MSHA) until approximately two hours after the incident.

Following the delay in notification, MSHA issued a citation against Consol for violating the 15-minute injury reporting requirement outlined in 30 C.F.R. § 50.10(b). This regulation, rooted in the Federal Mine Safety and Health Act of 1977, mandates that mine operators must notify MSHA of any injury with a "reasonable potential to cause death" within 15 minutes. MSHA argued that the visible symptoms and circumstances surrounding Stern’s injury should have prompted immediate notification.

Consol challenged the MSHA citation, initially appealing the decision before an Administrative Law Judge (ALJ). The ALJ upheld the citation, agreeing with MSHA's interpretation that the injury fell under the 15-minute notification rule due to its potentially life-threatening nature. Consol then appealed to the Federal Mine Safety & Health Review Commission, which also affirmed the ALJ's decision, stating that the evidence supported MSHA's citation.

Appeal to the Third Circuit Court

Unsatisfied with the previous rulings, Consol took the case to the United States Court of Appeals for the Third Circuit. The Court’s review centered on whether Consol had sufficient reason to believe Stern's injury had a reasonable potential to cause death, which would have triggered the immediate notification requirement. The Court examined the totality of the circumstances and assessed the actions and observations of the mine's personnel at the time of the incident.

The Third Circuit considered whether Consol's personnel acted in accordance with the law’s intent by evaluating the injury based on immediate and observable symptoms. The Court emphasized that decisions on MSHA notification must prioritize miner safety, focusing on the available information at the time of the injury rather than relying solely on post-incident medical reports. This analysis affirmed the importance of resolving reasonable doubts in favor of notification to ensure the safety of miners.

Conclusion

The Third Circuit ultimately made its ruling based on the requirement that mine operators must err on the side of caution when evaluating potential risks to miner safety. The Court’s decision underscored the significance of rapid reporting to MSHA to enable a swift emergency response and the preservation of crucial evidence.