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www.rockproducts.com ROCK products • September 2015 • 51 precision on the inspector's part in communicating the immediacy associated with his right to inspect. The mine's reaction was also tempered by the history of its significant experience when MSHA inspectors had arrived in the past. Valid Concern When ruling in favor of the company, Judge Moran said, "It is important to recognize, however, the Secretary's valid concern that 'excusing' a 30 minute delay would severely impair MSHA's ability to protect miners." Under a different set of facts, intentionally and unreasonably delaying an MSHA inspector for 30 minutes, or possibly, in some circumstances, a delay of less time, could indeed weak- en MSHA's ability to protect miners, so this decision is limit- ed to the specific circumstances of this is case. In awarding fees to Portable, Judge Moran noted the inspector agreed to go to the office to wait for an escort. He never advised the company that he had a right to inspect the mine without an escort, only that the longer he wait- ed, the more inclined he was to issue a citation for imped- ing the inspection. Once the inspector said he would not wait any longer, the company immediately accepted his demand. The delay was minimal to non-existent once the inspector insisted that the inspection occur, Judge Moran said, and the inspector initially accepted the delay, and the inspec- tor admitted he never explained the inspection require- ments under Section 103(a) of the Mine Act. In addition, it was stressed by the judge that the inspector was never told that he wasn't permitted to inspect the mine at any point. The employees never exhibited intent or indirectly denied access to the inspector. The fact that MSHA inspectors had agreed in the past to wait for the safety director was also a significant fac- tor. "The Secretary's previous interactions with Portable set the stage for it's expectations, and was indicative of the amount of time it considered to be a reasonable peri- od to wait. It is fair to state that Portable's past experi- ences with MSHA inspections led it to believe that it was acting in a manner consistent with those experiences, and therefore that it was not thwarting an inspection." PORTABLE INC., 7/2/2015, FMSHRC(J) No. EAJA 2015-1-M; 22 MSHN D-1661 One Team, One Mission + BRAMCOMPS.COM • HOYTWIRECLOTH.COM Bramco-MPS and Hoyt Wire Cloth are proud to announce a new partnership that enables a cohesive sales and marketing initiative between the two companies.