Miller Mining Company, Inc. v. Federal Mine Safety and Health Review Commission Secretary of Labor, Mine Safety and Health Administration

Miller Mining Company, Inc. (“MMC”) was cited by the Mine Safety and Health Administration (“MSHA”) for violation of a withdrawal order issued under section 103(k) of the Federal Mine Safety and Health Act of 1977 (“Act”), 30 U.S.C. § 813 (k) (Supp. V, 1981). MMC appeals the decision of the Federal Mine Safety and Health Review Commission (“Commission”) upholding the citation. We affirm.

I. BACKGROUND

On August 8,1980, a fire broke out in the main mine tunnel of the Miller Mine in Altaville, California. Officials of MMC, the owner, evacuated the mine, sealed the portal, and summoned MSHA inspectors. Upon arrival, an inspector issued a withdrawal order pursuant to section 103(k) of the Act, 30 U.S.C. § 813 (k) (Supp. V, 1981). The order required all personnel to be withdrawn from the mine, and gave control of the recovery efforts to MSHA.

The next day, August 9, the order was modified to provide that no person should enter the mine portal without direct authorization from MSHA’s district manager, and that any modification or alteration of the fan ventilation system must be monitored by the MSHA inspector.

The order was modified a second time on September 2, incorporating a…