D.C. Circuit Tosses MSHA Challenge to Reopened Safety Citation

A mining contractor’s bid to reopen proceedings for an uncontested mine collapse penalty will proceed after a federal appeals court ruled it lacks authority to hear the dispute between the Labor Department and an independent safety review panel.

The Federal Mine Safety and Health Review Commission’s order restarting the penalty determination isn’t an “appealable collateral order,” the US Court of Appeals for the District of Columbia Circuit ruled Tuesday.

The DOL’s Mine Safety and Health Administration proposed a $33,000 penalty against Industrial TurnAround Corp. following a rock collapse that injured three miners in August 2022. But notice of the ...