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Administrative Law Keyed to Breyer
American Mining Congress v. Mine Safety and Health Administration
Citation:
995 F.2d 1106 (1993)Facts
The Federal Mine Safety and Health Act requires mine operators to maintain records and make reports as the Secretary of Labor reasonably requires. Pursuant to this authority, MSHA maintains “Part 50” regulations requiring mine operators to report occupational injuries and illnesses, including when certain occupational illnesses are “diagnosed.” Between 1991 and 1992, MSHA issued three Program Policy Letters clarifying that any chest x-ray of a miner with dust exposure history that rated 1/0 or higher on the International Labor Office classification system would be considered a “diagnosis” of pneumoconiosis for reporting purposes. These PPLs also established procedures for obtaining additional readings when operators disagreed with initial x-ray interpretations. MSHA issued these PPLs without notice-and-comment procedures, claiming they were interpretive rules exempt from such requirements under the Administrative Procedure Act.
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