National Mining Ass'n v. U.S. Department of Labor, No. 17-11207 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit denied a petition for review of the MSHA's final rule entitled "Examinations of Working Places in Metal and Nonmetal Mines," which enhances mine operators' obligations with an aim toward augmenting miner safety. The court held that the Mine Act does not contain the "significant risk" threshold requirement that petitioners would import from the Occupational Safety and Health Act of 1970; the Final Rule satisfies the requirement that any rule "improve" upon the prior standard; the pre-shift examination requirement, the notification requirement, and the recording requirements in the Final Rule are not arbitrary and capricious; and MSHA sees the examination requirement, the notification requirement, and the recordkeeping requirement as operating collectively to spur more timely corrections of hazardous conditions. The court rejected petitioner's remaining contentions as lacking merit.