Secretary of Labor v. FCI Sand Operations, LLC
Secretary of Labor v. FCI Sand Operations, LLC (FMSHRC CENT 2024-0018): Wrong-operator citations reassigned
Apply this precedent to your situation
This is citable Commission precedent from 2024, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
FCI Sand moved to reopen after citations were issued to it for a time when another operator controlled the mine. It later asked to withdraw the motion because the citations had been transferred to the other operator. The Secretary confirmed that the citations were removed from FCI Sand's records and would be reassessed to the correct party. The Commission granted the withdrawal and dismissed the case.
Decision snapshot
- Cited authority: None specific
- Outcome: The reopening motion was withdrawn and the case was dismissed.
- Key point: A reopening case can be dismissed after MSHA removes citations from the wrong operator and reassesses them to the proper party.
Full text (FMSHRC public release)
FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION
1331
PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON,
DC 20004-1710
SECRETARY
OF LABOR,
MINE
SAFETY AND HEALTH
ADMINISTRATION
(MSHA)
v.
FCI
SAND OPERATIONS LLC
|
:
:
:
:
:
:
:
|
Docket
No. CENT 2024-0018
A.C.
No. 41-05429-569144
|
BEFORE: Jordan,
Chair; Baker, and Marvit, Commissioners
ORDER
BY THE COMMISSION:
This
matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §
801 et seq. (2018) (“Mine Act”). On November 7, 2023, the Commission received
from FCI Sand Operations LLC (“FCI Sand”) a motion to reopen the
above-captioned case. The motion stated that the relevant citations were issued
to the operator in error, as the mine was under the control of a different
operator at the time.
FCI Sand thereafter requested to withdraw
its motion, stating that the relevant citations had been transferred to a
different operator. The Secretary of Labor subsequently confirmed that the
citations at issue had been removed from FCI Sand’s records and would be
reassessed to the appropriate party.
We hereby grant FCI
Sand’s motion to withdraw in Docket No. CENT 2024-0018. Accordingly, this case
is dismissed.
/s/ Mary Lu Jordan
Mary
Lu Jordan, Chair
/s/ Timothy J. Baker
Timothy J. Baker, Commissioner
/s/ Moshe Z. Marvit
Moshe Z. Marvit, Commissioner
Distribution:
David
Tijerina, Safety Manager
FCI
Sand Operations LLC
640
Angelica Vista
Canyon
Lake, TX 78064
April
Nelson, Esq.
Associate
Solicitor
Office
of the Solicitor
U.S.
Department of Labor
Division
of Mine Safety and Health
201
12th Street South, Suite 401
Arlington,
VA 22202
Emily
Toler Scott, Esq.
Counsel
for Appellate Litigation
Office
of the Solicitor
U.S.
Department of Labor
Division
of Mine Safety and Health
201
12th Street South, Suite 401
Arlington,
VA 22202
Melanie
Garris
USDOL/MSHA, OAASEI/CPCO
201 12th Street South, Suite 401
Arlington, VA 22202
Chief
Administrative Law Judge Glynn F. Voisin
Office
of the Chief Administrative Law Judge
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
Get today's answer for your situation
You just read Commission precedent from 2024. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.