For clients and friends of Jackson Kelly PLLC
Volume 13, Number 4
©2017 Jackson Kelly PLLC
The U.S. Court of Appeals for the Sixth Circuit held this week that a repair shop not located on a mine site is not a “coal or other mine” subject to regulation by MSHA, even though it makes and repairs mining equipment. In Maxxim Rebuild Company, LLC v. Sec’y of Labor, et al., _ F.3d _ (6th Cir. 2017), slip op., available at 2017 WL 563083, the Sixth Circuit reversed a decision by the Federal Mine Safety and Health Review Commission (“Commission”) and overturned the Commission’s long-standing decision in Jim Walters Resources, which had allowed MSHA to enforce its standards at repair shops that were not located on mine property.