When a cement plant employee complained to MSHA that a supervisor allegedly ordered miners to use a loader even though it had been tagged out of service for moving on its own, MSHA issued a significant and substantial (“S&S”) citation. The loader allegedly would creep along at one inch every five seconds when it was in neutral even after the operator took hands off the controls. The mine operator challenged the citation, and Administrative Law Judge David Barbour agreed that the citation should not be S&S. After all, the machine moved so slowly that “miners could easily move out of the way if the skid steer began to creep,” Barbour concluded. Click here for more on the case and the successful defense.