Bussen Quarries, Inc. v. Acosta, No. 17-2281 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit granted Bussen's petition for review of the MSHA's issuance of a citation to Bussen. In this case, the Secretary claimed that Bussen violated federal regulation 30 C.F.R. 56.15005, which requires the use of certain fall-protection equipment at surface metal and nonmetal mines when working where there is a danger of falling. The court held that there was no evidence to support a conclusion that any miner approached the highwall edge when moving the pump cart or were otherwise working without safety belts and lines where there was a danger of falling. Therefore, substantial evidence did not support the ALJ's finding that Bussen violated section 56.15005.
Court Description: Grasz, Author, with Benton and Melloy, Circuit Judges] Petition for Review - Federal Mine Safety and Health Review Commission. Substantial evidence does not support the ALJ's finding that Bussen violated 30 C.F.R. sec. 56.1005 because there was not evidence to support a conclusion that any Bussen miners approached the highwall edge of the quarry when moving a pump cart or were otherwise working without safety belts and lines where there was a danger of falling.
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