MSHA Imminent Danger Orders for Violations by Independent Contractors Will Require Stronger Contract Provisions
- Published: Thursday, 11 December 2014 16:03
By Nickole Winnett and Breyana Penn
Recently, Administrative Law Judge Thomas McCarthy for the Federal Mine Safety and Health Review Commission, confirmed that the Mine Safety and Health Administration (MSHA) has unfettered discretion to issue an imminent danger order against a mine operator for its independent contractor’s violations of the Mine Safety and Health Act of 1977 and MSHA regulations. (See Cloverlick Coal Company LLC v. MSHA).