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.

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The industrial enterprise "HUANG S.A." purchased a sorting and packaging machine from a foreign company on 1/4/2017 at a cost of €500,000. The useful life of the machine was estimated by the Management at ten (10) years, while the residual value was estimated at zero. For the transportation of the machine from abroad to the company's factory, the amount of €20,000 was paid on 15/4/2017. As the insurance coverage of the machine during transportation was the responsibility of the selling company, HUANG S.A. proceeded to insure the machine from 16/4/2017 to 15/4/2018, paying the amount of €1,200. The delivery took place on 15/4/2017. As adequate ventilation of the multifunction device is essential for its proper operation, the company fitted an air duct on the multifunction device. The cost of the air duct amounted to €2,000 and was paid on 20/4/2017. On 25/4/2017, an external electrician was paid €5,000 for the electrical connection of the device. The company also paid €5,000 to an…

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Chapter 23, Problem 8BCP

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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.

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The industrial enterprise "HUANG S.A." purchased a sorting and packaging machine from a foreign company on 1/4/2017 at a cost of €500,000. The useful life of the machine was estimated by the Management at ten (10) years, while the residual value was estimated at zero. For the transportation of the machine from abroad to the company's factory, the amount of €20,000 was paid on 15/4/2017. As the insurance coverage of the machine during transportation was the responsibility of the selling company, HUANG S.A. proceeded to insure the machine from 16/4/2017 to 15/4/2018, paying the amount of €1,200. The delivery took place on 15/4/2017. As adequate ventilation of the multifunction device is essential for its proper operation, the company fitted an air duct on the multifunction device. The cost of the air duct amounted to €2,000 and was paid on 20/4/2017. On 25/4/2017, an external electrician was paid €5,000 for the electrical connection of the device. The company also paid €5,000 to an…

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