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

CLARK, Chief Judge:

Austin Power, Inc. appeals the decision of the Federal Mine Safety and Health Review Commission (Commission) which affirmed an administrative ruling that Austin Power, Inc. had violated the mandatory safety standard established in 30 C.F.R. § 77.1710(g). Finding that the decision is supported by substantial evidence on the record as a whole, we affirm.

Facts

On August 19, 1985, Steve Smith, a rigger employed by Austin Power, Inc., died in a fall at the Big Brown Strip Mine in Fairfield, Texas. Austin had contracted with De Mag Corp. to erect a cross-pit spreader at that…