KenAmerican v. MSHA: Advance Notice Violations Upheld in Court

Kenamerican Resources, Inc. v. Secretary of Labor concerned an MSHA citation for providing advance notice of a mine inspection. A dispatcher’s communication with a miner was found to have conveyed information about an impending inspection.

The Sixth Circuit denied Kenamerican’s petition for review and upheld the violation and $18,742 penalty. The court rejected the argument that the advance-notice prohibition applied only to MSHA representatives and upheld the regulation against a First Amendment challenge. The decision reinforces the broad prohibition on advance notice of mine inspections.

Original article:https://www.whitcomblawpc.com/business-law-blog/kenamerican-v.-msha-advance-notice-violations-upheld-in-court