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
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced today that it would hold a public meeting on its recent Request for Information (RFI) on Respirable Silica (Quartz). That RFI, published on...more
With frantic negotiations continuing in the Senate—as of this writing—to find an agreement that will end the government shutdown, it is possible that this article is reaching you after a solution has been reached....more
President Trump has nominated a retired coal company executive to head the Mine Safety and Health Administration (MSHA). The White House announced that David G. Zatezalo, the former chairman of Rhino Resources, would be the...more
The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002...more