The United States Court of Appeals for the Sixth Circuit reviewed a dispute between Jones Brothers, Inc. and the Secretary of Labor. The issue was whether a worksite used by Jones Brothers for a road repair project should be classified as a mine under the jurisdiction of the Mine Safety and Health Administration (MSHA) or as a borrow pit under the Occupational Safety and Health Administration (OSHA).
Legal Proceedings and Jurisdictional Rulings
The case involved the Federal Mine Safety and Health Review Commission, an independent agency that enforces mine safety regulations. The Commission reviewed the findings of an Administrative Law Judge (ALJ), who ruled that the site fell under MSHA’s jurisdiction.
Jones Brothers had contracted with the Tennessee Department of Transportation (TDOT) for a project requiring 68,615 tons of "graded solid rock" from a leased site. During an inspection, MSHA officials issued several citations for violations, leading to the dispute over the site's classification.
The ALJ initially assigned to the case, Margaret Miller, had her ruling vacated due to her unconstitutional appointment. The case was then reassigned to ALJ Pricilla Rae. Despite Jones Brothers’ motion for ALJ Rae’s recusal, ALJ Rae upheld MSHA’s jurisdiction, and the Commission denied further review.
Key Factors in the Court’s Decision
Jones Brothers argued that the site was a borrow pit, not a mine, and that the ALJ violated the court’s directive for a fresh review. However, the court found substantial evidence supporting the ALJ’s conclusions.
The court examined the frequency of material extraction at the site, noting that operations occurred up to six days per week. It also addressed how the extracted materials were used, agreeing with the ALJ that the rock was used for its intrinsic properties rather than as bulk fill.
Jones Brothers further claimed that the Administration had inconsistently enforced similar agreements in the past, but the court dismissed this argument. The court emphasized that the Mine Act required the Administration to exercise jurisdiction over all mines.
Conclusion
In the end, the Sixth Circuit affirmed the order of the Federal Mine Safety and Health Review Commission, confirming the site's classification as a mine under MSHA jurisdiction.
Joe Whitcomb
