30 C.F.R. § 77.1001
Stripping; loose material
Loose hazardous material shall be stripped for a safe distance from the top of pit or highwalls, and the loose unconsolidated material shall be sloped to the angle of repose, or barriers, baffle boards, screens, or other devices be provided that afford equivalent protection.
Notes of Decisions
Cited in 2
cases, 2011–2013 · leading case: Martin Cnty. Coal Corp. v. Universal Underwriters Ins., 727 F.3d 589 (6th Cir. 2013).
Martin Cnty. Coal Corp. v. Universal Underwriters Ins., 727 F.3d 589 (6th Cir. 2013). “” 30 C.F.R. § 77.1001 . The Mine Safety and Health Administration of the United States Department of Labor issued Martin County Coal a citation, having found that “[l]oose unconsilidated [sic] rock and dirt was present above the roadway leading to the Maynard Fork workings in…”
Martin Cnty. Coal Corp. v. Universal Underwriters Ins., 792 F. Supp. 2d 958 (E.D. Ky. 2011). “a safe distance from the top of pit or high-walls” and to otherwise secure “loose unconsolidated material” — a duty specifically targeted at entities like Martin County Coal. See Dones v.”
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