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U.S. Health and Safety Law: Inspections and Investigations During the Shutdown

Last night, Congress failed to reach an agreement to continue funding government operations beyond the end of Fiscal Year 2013. The federal government is, consequently, in the process of shutting-down a significant portion of...more

ALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority

In Vulcan Construction, decided August 3, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Gill held that an employee’s heart attack did not constitute an immediately reportable accident because...more

Labor Letter, March 2013: MSHA's Still Making Its POV List, But No Longer Checking it Twice

Staying Off MSHA’s “Naughty List” - The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of...more

Patton Boggs Insights - December 2012: Chemical Safety Board: Roundup of Current CSB Investigations

At least six incidents are currently under investigation by CSB. A fire in August at a Chevron refinery in Richmond, CA involved the release of a flammable vapor....more

Patton Boggs Insights - December 2012: Enforcement: MSHA Impact Inspections

Stepping up enforcement at coal mines with alleged violations relating to respirable coal dust, MSHA targeted 13 operations in September under its impact inspection program that the agency contended had a history of...more

OSHA Still Interested in Oil and Gas Industry

One of the biggest fines paid in the history of the U.S. Occupational Safety and Health Administration (OSHA) came from the oil and gas industry. ...more

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more

Patton Boggs Insights - December 2012: Enforcement: Refineries Hit With Big Penalties After Incidents

A one-two punch by government regulators has resulted in fines totaling more than a half million dollars against Sinclair Wyoming Refinery Co.’s refinery. Federal and state OSHA authorities slapped the company with $215,000...more

Safety First: Consider On-Site Consultation

Although only tangentially related to oil and gas operations, the recent pipeline rupture and resulting fire near Charleston, West Virginia highlights the importance of safety inspections and the costs incurred when accidents...more

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

Patton Boggs Insights - December 2012: Agencies: MSHA Issues New Guarding Guide

MSHA has released a second guidance document dealing with machine guarding in the Metal/Non-Metal (M/NM) sector. At a stakeholders’ meeting in October, the new guide was described as a sequel to one dealing with conveyor belt...more

Patton Boggs Insights - December 2012: Agencies: Fatalities, Injuries Decline In 2011

A total of 4,609 workers died on the job nationwide in 2011 compared to 4,690 in 2010, according to preliminary data released recently by the Bureau of Labor Statistics. The equivalent rates were 3.5 and 3.6 per 100,000...more

Patton Boggs Insights - December 2012: Administrative/Congress: Post-Election Avalanche Of Rules Could Be Coming

In the face of strong criticism by the business community that regulations were holding back the economy and job creation, in 2011 the White House began putting the brakes on numerous initiatives that were working their way...more

Legislative Update Report No. 2012-22 - Nov 30, 2012

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

MSHA/OSHA Report - November 2012

In This Issue: - MSHA Update ..End of Temporary Reinstatement - That Was Not Temporary - OSHA Update ..Wanted: Regulatory Agendas for 2012 Please see full report below for more information....more

End Of Temporary Reinstatement - That Was Not Temporary

Margo Lopez and Denise Giraudo in our Mine Safety Practice Group are to be highly congratulated for an extraordinary victory that favors the entire mining industry. In Vulcan Construction Materials v. Federal Mine Safety and...more

PA Tax Law News -- December 2012

In This Issue: PA Supreme Court Affirms Sales Tax Exemption for “CHEP” Pallets; Promoting Employment Across Pennsylvania Act; Fuel Tax Update; Delaware & New Jersey Abandoned & Unclaimed Property Developments; Filed a...more

INSIGHTS - Patton Boggs Safety & Health and Crisis Management Newsletter - October 2012

In This Issue: 1. Rockefeller Reintroduces Mine Reform Legislation 2. Whistleblower Protections Added to Highway Bill 3. GAO Endorses Studies Supporting Black Lung Rule 4. Demolition, Underground Construction...more

MSHA’s Flagrant Assessments: The Tide of Arbitrary Enforcement is Turning

Mine operators across the United States have all shuddered at the news of MSHA issuing an exorbitant flagrant penalty assessment and have wondered when their operations could be next. These operators are not concerned because...more

CIS Legal Update - September 2012

In This Issue: - p1 Presidential Decree Tightens Government Control Over Russian Strategic Sector Companies - p2 ETFs Finally Come to Russia - p2 RF Legislation Expands Government Control Over...more

MSHA/OSHA Report - August 2012

In This Issue: Safety and Health Enforcement Developments: - MSHA Update - OSHA Update ..OSHA's Oil & Gas Flame Resistant Clothing Memo Held to Be Improper Rulemaking ..Final Electric Power Transmission and...more

Legislative Update Report No. 2012-14 -- August 1, 2012

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

INSIGHTS - Patton Boggs Safety and Health Newsletter - July 2012

In This Issue: - Obama Directive Aims to Ease Regulatory Burden - Kline Seeks Data on Advance Notice, MSHA Injuries - OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says - IARC Claims Diesel...more

U.S. OSHA Issues Hazard Alert Regarding Silica Exposure in Fracking Operations

The U.S. Occupational Safety and Health Administration (“OSHA”) and the National Institute for Occupational Safety and Health (“NIOSH”) have issued a hazard alert to employers engaging in hydraulic fracturing – or “fracking”...more

MSHA’S Final Rule on Examinations -- The Ultimate "Catch-22" for Coal Mine Operators

On April 6, 2012, the Mine Safety and Health Administration (“MSHA”) unveiled its final rule in the Federal Register entitled “Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health and Safety...more

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