Chapter 23, Problem 8BCP

Summary Introduction

Case summary: The company KCCC operates coal mines in West Virginia. The US Department of Labor charged the no.1 coal mine of KCCC for “significant and substantial” (S&S) violations of the FMSH Act. There was a potential danger of explosion due to improper sealing of electronic equipment. The violation of the mine act designates that it ‘could significantly and substantially affect and cause safety and health threats. The argument of secretary that ‘Could’ constitutes the mere possibility of threat is hazardous if the violation existed. The company, KCCC filed a lawsuit against the secretary of the Department of Labor to evident the violation.

To find: The deference in the interpretation of the statute by the court.