Rns Services, Inc. v. Secretary of Labor, Mine Safety and Health Administration (Msha), and Federal Mine Safety and Health Review Commission

As I interpret the decision of the Federal Mine Safety and Health Review Commission, it held that RNS was engaged in the “work of preparing the coal” at the site in question because RNS there performed one of the specific activities listed in 30 U.S.C. § 802(i). The majority does not share the Commission’s view that the mere performance of any listed specific activity suffices. Rather, the majority holds that RNS was engaged in the “work of preparing the coal” at the site because it there performed a listed activity on a regular basis. I disagree with both the Commission’s and the majority’s…