After eleven years of operation without being inspected by the Mine Safety and Health Administration (“MSHA”), Real Stone Veneers of TN, LLC (“RSV”) was cited for alleged violations of MSHA regulations at two of its facilities. RSV harvests fieldstone and transports it to two different off-site facilities, where RSV cuts the fieldstone into smaller sizes for sale.
RSV disputed MSHA’s assertion of jurisdiction over its facilities, and retained Williams, Kilpatrick & True, PLLC for its defense. Relying on the Maxxim Rebuild case, 848 F.3d 737 (6th Cir. 2017), and the 1979 Interagency Agreement between MSHA and the Occupational Safety and Health Administration, Melanie Kilpatrick argued that a cutting yard located several miles away from a mine is not subject to MSHA jurisdiction. Ultimately, MSHA conceded its lack of jurisdiction and vacated all the citations it had issued at RSV’s facilities.