Walker Stone Company, Inc. v. The Secretary of Labor Federal Mine Safety and Health Review Commission

MURPHY, Circuit Judge.

Walker Stone Company, Inc. (“Walker Stone”) appeals the assessment of a civil penalty under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. This court exercises jurisdiction pursuant to 30 U.S.C. § 816(a)(1) and holds that breaking up rocks which are obstructing a crusher constitutes “repairs” or “maintenance” of machinery for purposes of 30 C.F.R. § 56.14105. This court affirms both the Federal Mine Safety and Health Review Commission’s (“Commission”) determination that Walker Stone violated § 56.14105 and the penalty assessed for that violation.

B…