Clearly, 2–1 decisions can cut both ways. Mining industry observers will remember that in April 2022, the Federal Mine Safety and Health Review Commission (FMSHRC), in Secretary of Labor v. KC Transport, Inc.—a 2–1...more
While the Mine Safety and Health Administration (MSHA) continues to work on developing a new crystalline silica standard (that is expected to cut the exposure limit in half), the agency has decided to ramp up enforcement of...more
The U.S. Senate has confirmed Christopher Williamson as assistant secretary of labor for mine safety and health. His confirmation was secured with seemingly little scrutiny from the Senate, which did not hold a public hearing...more
On November 12, 2021, the White House announced the nomination of Christopher Williamson to become the assistant secretary of Mine Safety and Health. If confirmed by the U.S. Senate, Williamson will become the top leader of...more
In a September 28, 2021 Mine Safety and Health Administration (MSHA) stakeholder meeting, Deputy Assistant Secretary for Policy Jeannette J. Galanis stated that MSHA does not intend to issue an emergency temporary standard...more
On September 8, 2021, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced its proposed powered haulage rule for surface mines and surface areas of underground mines. The proposed rule, which...more
On January 20, 2021, President Joseph R. Biden Jr. appointed Commissioner Arthur R. Traynor III to serve as chair of the Federal Mine Safety and Health Review Commission (FMSHRC). Traynor replaces former mine industry lawyer...more
In a challenge to the U.S. Department of Labor’s Mine Safety and Health Administration’s (MSHA) 2017 final rule expanding the workplace examination requirements at 30 C.F.R. §§ 56.18002 (Surface) and 57.18002 (Underground),...more
On January 21, 2021, President Joseph R. Biden Jr. signed an executive order directing the U.S. Occupational Safety and Health Administration (OSHA) to take certain actions to address worker safety and health with regard to...more
Annually in mid-January, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) adjusts its civil penalty assessments, in accordance with the inflation adjustment provisions of the Federal Civil Penalties...more
Due to a recent court decision, the Mine Safety and Health Administration (MSHA) has again revised its workplace examination rule, 30 CFR §§ 56.18002, 57.18002, undoing revisions made in 2018 and returning it to its original...more
Due to a recent court decision, metal/nonmetal mine operators are again facing the possibility of having to comply with two of the more onerous provisions of the Mine Safety and Health Administration’s (MSHA) workplace...more
The Mine Safety and Health Administration (MSHA) has begun a three-month pilot project to see if the agency and operators can reach a final resolution regarding citations at the informal health and safety conference stage....more
The Federal Mine Safety and Health Review Commission is back in business as it will soon have a quorum again to decide cases. The Commission plays an important role in mine safety and health law....more
The Mine Safety and Health Administration (MSHA) recently named Deputy Administrator for Coal Mine Safety and Health Timothy R. Watkins to fill the newly created MSHA position of administrator for Coal and Metal/Nonmetal Mine...more
On September 28, 2018, the Mine Safety and Health Administration (MSHA) posted important updates to its enforcement guidance on the new final rule on Examinations of Working Places in Metal and Nonmetal Mines. The new...more
On August 30, 2018, the Federal Mine Safety and Health Review Commission (FMSHRC) lost its required quorum of three commissioners for deciding appeals from administrative law judge decisions. On that date, the terms for...more
On April 9, 2018, the Mine Safety and Health Administration (MSHA) will publish its final rule on “Examinations of Working Places in Metal and Nonmetal Mines” in the Federal Register. The rule will go into effect on June 2,...more
The House Financial Services Committee took a first step toward repeal of the mine safety disclosure requirements on November 15, 2017, with its approval of H.R. 4289. This bill proposes to eliminate the requirement...more
By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more
On September 12, the Mine Safety and Health Administration (MSHA) published in the Federal Register two proposed rules on Examinations of Working Places in Metal and Nonmetal Mines, reopening the rulemaking to consider two...more
Secretary of Labor Alexander Acosta recently announced his appointment for the new interim Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA). Wayne D. Palmer, who was formerly chief of staff to...more
On January 23, the Mine Safety and Health Administration (MSHA) issued its Final Rule for Examinations of Working Places in Metal and Nonmetal Mines. In light of the White House’s regulatory freeze on new rules, questions...more
On January 23, the Mine Safety and Health Administration (MSHA) issued its Final Rule for Examinations of Working Places in Metal and Nonmetal Mines. The final rule amends the existing workplace examinations standard and...more
On January 23, the Mine Safety and Health Administration (MSHA) will publish in the Federal Register a Final Rule on Examinations of Working Places in Metal and Nonmetal Mines, amending 30 C.F.R. § 56.18002 (Surface) and §...more