Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission

Federal 7th Circuit Court
Civil Court
Federal Mine & Health Safety Act
Case Number: 
Nos. 12-2316 & 12-2460 Cons.
Decision Date: 
April 26, 2013
Federal District: 
Petition for Review, Order of Federal Mine Safety and Health Review Commission
Petition denied
In action challenging Federal Mine Safety and Health Administration’s (MSHA) regulation requiring mine operators, in addition to providing work-related injury reports concerning operators’ employees, to also permit MSHA inspectors to review employees’ medical and personnel records, Commission did not err in finding that said document demands were lawful under 30 USC section 813(h) and 30 CFR section 50.41, where said documents would allow MSHA to verify accuracy of operators’ injury reports. Moreover, MSHA could properly issue instant citation and monetary penalties when operators refused to comply. Ct. rejected operators’ contention that: (1) MHSA lacked authority to require operators to produce medical and personnel records; (2) instant document demands violated operators’ 4th Amendment right to be free from warrantless searches and employees’ privacy rights in their medical records; and (3) instant daily penalties violated their due process rights.