Stillwater Mining Co. v. Federal Mine Safety & Health Review Commission

Following an accident that killed one of Stillwater Mining Company’s employees, an Administrative Law Judge (“ALJ”) assessed a fine against Stillwater for violating a federal regulation that prohibits the use of equipment beyond its design capacity. See Stillwater Mining Co. v. Secretary of Labor, 18 F.M.S.H.R.C. 1291, 1298 (1996). The majority holds that the ALJ’s conclusion is supported by substantial evidence; I respectfully disagree.

After Stillwater’s employees bring ore up to the surface, they load it into long chutes. Located at the bottom of each chute is a gate assembly through which…