Consol Pennsylvania Coal Company's Battle with Mine Safety Citations

Consol Pennsylvania Coal Co. challenged an MSHA citation arising from a serious 2013 mine accident in which miner Robert Stern suffered severe injuries after being crushed between mining equipment. MSHA concluded that the injury had a reasonable potential to cause death and that Consol should have reported it within the 15-minute period required by 30 C.F.R. § 50.10(b).

The ALJ and Federal Mine Safety and Health Review Commission upheld the citation. The Third Circuit likewise affirmed, focusing on the information available to mine personnel at the time of the accident rather than relying solely on later medical assessments. The decision reinforces the need for mine operators to err on the side of prompt reporting when an injury could reasonably be life-threatening.

Original article:https://www.whitcomblawpc.com/business-law-blog/consol-pennsylvania-coal-companys-battle-mine-safety-citations