News & Analysis as of

MSHA Assistant District Manager Asserts That Competent Persons Performing Workplace Exams Are Agents of the Operator

At a mining industry safety conference in June, an MSHA Assistant District Manager stated that the agency viewed persons that perform workplace examinations pursuant to 30 C.F.R. § 56.18002 as performing an “agent-like”...more

New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status

Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from time to time. When a potential...more

Revised Disclosure Rules for Resources Companies: Time to Transition

Listed mining and oil & gas companies have less than three months remaining to prepare for compliance with the new Chapter 5 of the Listing Rules. The enhanced reporting regime will be enforced from 1 December 2013....more

Tracking Patterns of Violations in Mines

In the mining industry MSHA enforcement of “pattern of violations” sanctions can be devastating to a mine operator’s business....more

The Transparency Wars: Coming to a Galaxy Near You?

Everyone is in favor of transparency and anti-corruption – at least, everyone except the occasional despot or dictator. Yet substantial controversy now swirls around the disclosure of the vast sums that governments receive...more

Using Bribery And Corruption To Steal Business – A Thyestean Feast?

Not much beats the ancient Greek House of Atreus for dramatic gore: infanticide, patricide, fratricide, filicide, matricide, cannibalism, incest and about every other horror which can befall one family occurs in the various...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

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