Jan.25.2013An administrative law judge ("ALJ") at the Federal Mine Safety and Health Review Commission held that a production-operator's responsibility for reporting a temporary employee's injury to MSHA on Form 7000-1 pursuant to 30 CFR § 50.20 was not discharged even though the injured miner's employer (the temp agency) had itself already reported the injury. The case is Dickenson-Russell Coal, VA 2009-430, decided January 16, 2013.The case stems from a 2009 injury to a temporary employee who was operating a roof bolter.
By regulation, operators are required to report within 10 days of the occurrence or diagnosis any accident or occupational injury or illness on MSHA Form 7000-1. The relevant language says: "Each operator shall report each accident, occupational injury, or occupational illness at the mine" (30 C.F.R. 50.20(a)). Inasmuch as independent contractors are operators, the reporting obligation extends to them.