15,529R Troy Gold Industries, Ltd.

By: Cal-OSHA Decisions

BLAZING STAR MINE

Digest of COSHAB's Decision After Reconsideration dated August 31, 1983, Docket Nos. 80-R2D9-740 thru 742. Mark K. Bowers, Chairman; Charles Manfred, Member.

COSHAB held that the state has concurrent jurisdiction over mine workers' health and safety with the U.S. Mine Safety and Health Administration (MSHA), which may be exercised whether or not MSHA exercises its jurisdiction. The Board also rejected Employer's argument that the Division's inspection constituted a warrantless search. In both respects, the ALJ Decision (Digest 14,641) was affirmed. It was also affirmed on the merits of two alleged violations and reversed on one.

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