D.H. Blattner & Sons, Inc. v. Secretary of Labor, Mine Safety & Health Administration

This petition presents the question whether, under the Mine Safety and Health Act of 1977 and its implementing regulations, independent contractors who operate, control, or supervise a mine are mine “operators” who must file “legal identity reports” with the Mine Safety and Health Administration. We hold that the Secretary of Labor’s position that such independent contractors must file the reports is neither unreasonable nor in violation of the Administrative Procedure Act. We also uphold the Secretary’s determination that Petitioner D.H. Blattner & Sons is subject to the applicable regulation. Accordingly, we deny its petition for review.

I. BACKGROUND

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), Pub.L. No. 95-164, 91 Stat. 1290 (1977), provides that “every operator of a coal or other mine shall ... make such reports, and provide such information, as the Secretary ... may reasonably require from time to time to enable [her] to perform [her] functions under this Act.” 30 U.S.C. § 813 (h). To this end, the Act’s implementing regulations require every mine “operator” to file a two-page document called a “legal identity report.” 30 C.F.R. § 41.20 .…