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EAJA Fees Not Available Where Secretary Vacated Seven Citations

By Ellen Smith

A small limestone operator is not entitled to EAJA fees where the Secretary vacated seven citations issued against the operator after the MSHA inspector was no longer available to testify at a hearing, the D.C. Circuit Court of Appeals ruled April 19.

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The Bad Samaritan

A Look At The Bystander Effect And How It Occurs In The Workplace.

By Randy K Logsdon

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No One Needs to Fall

By Randy K. Logsdon

It had stormed all night, and the wind had blown debris throughout the neighborhood. As Nathan surveyed the damage to his home, he recognized that the damage was more than superficial. Without expeditious repair to the exterior, the next storm could create permanent damage to both the outside and inside of the structure. Nathan was fortunate that he was one of the few in his neighborhood who owned a ladder long enough to reach the damage site. As he mixed up the stucco-like repair compound, he contemplated how after completing the repairs to his home he would make his ladder available to his neighbors who needed to perform similar repairs.

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Judge Rules That Manufacturer, Subsidiary Companies Are “One Operator”

By Ellen Smith

In a stunning ruling that may impact any company with subsidiaries that operates in the mining industry, Judge Kenneth Andrews determined on March 9 that Austin Powder Co. and it’s U.S. subsidiary companies function as one “operator” for purposes of the Mine Act, and the subsidiaries are not separate entities that function independently.

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Bunner Named Safety and Health Professional of the Year

Matthew Bunner, safety manager for Mulzer Crushed Stone Inc., was named the National Stone, Sand and Gravel Association’s (NSSGA) 2015 James M. Christie Safety & Health Professional of the Year. The award recognizes an individual for substantial contributions and commitment to safe and healthy operating practices within his or her company and the industry.

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