When is a Trucking Facility a “Mine”? Federal Appeals Court Upholds MSHA’s Broad Interpretation and Employers Should Take Note

The D.C. Circuit Court of Appeals just upheld MSHA’s broad interpretation of what constitutes a “mine” – any facility “necessarily connected with the use and operation of extracting, milling, or processing coal and other minerals” – that offered lessons for facilities serving the mining industry across the country. The April 17 ruling in Sec’y of Labor, Mine Safety and Health Administration v. K.C. Transport, Inc. is the latest chapter in a saga dating back to 2019 involving whether MSHA has... By: Fisher Phillips