Fatality #11 - July 21, 2011

The Operator contested both MSHA's jurisdiction and the substance of the citations in this case. During discovery and the litigation process, MSHA learned that it did not have jurisdiction over the road where the fatal accident occurred. The portion of the road was open to the public and not under the control of the Mine Operator. Based on this, MSHA determined that the fatality should be delisted and should not be charged to the mining industry.