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Mining Employer Liability Issues

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

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The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. ​​​​​​​MSHA originally published a Request...more

Hogan Lovells

Unearthing the unseen: Underground sit-ins epidemic in South African mining

Hogan Lovells on

Mining has long been the backbone of South Africa’s economy. Alongside agriculture, it is the biggest sector of the economy, employing almost half a million people. But beneath its surface lies a growing crisis – the surge in...more

Steptoe & Johnson PLLC

MSHA’s New Powered Haulage Standard Rule and Implementation

Steptoe & Johnson PLLC on

Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health...more

Steptoe & Johnson PLLC

Honoring National Miners Day: MSHA Stakeholder Meeting Overview

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The Mine Safety and Health Administration (MSHA) appropriately held its last stakeholder meeting of 2023 on National Miners Day, which recognizes the Monongah Mine disaster that occurred on December 6, 1907, near Fairmont,...more

Seyfarth Shaw LLP

Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more

Stoel Rives - Mineral Law

Wait … What?  A Potentially Dangerous Development in § 105(c) Retaliation Cases

In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c)...more

Seyfarth Shaw LLP

Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Seyfarth Shaw LLP

Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Shaw LLP on

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Seyfarth Shaw LLP

Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Fisher Phillips

Tides Keep Rising: MSHA Penalties Increase For 2023

Fisher Phillips on

No penalty is a good penalty, but many Department of Labor fines just got worse – including those that can be assessed against mine operators. The agency just published a final rule that increases the maximum civil penalties...more

Fisher Phillips

Mining for Data: Top 5 Takeaways as Fisher Phillips Introduces the FP Mine Violations Tracker Map

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Some employers might be surprised to learn that MSHA violations are increasingly common in states not typically associated with mine safety – and that you are much more likely to be cited for certain kinds of violations...more

Stoel Rives - Mineral Law

MSHA Announces New Initiative to Enforce Silica Dust Standards

Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards.  Crystalline silica is a...more

Bennett Jones LLP

Recent Amendments to the British Columbia Health, Safety and Reclamation Code

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On April 1, 2021, as part of an ongoing review and revision process, seven amendments to the Health, Safety and Reclamation Code for Mines in British Columbia came into force. The Code, and its enabling statute, the Mines...more

Fisher Phillips

Mining MSHA – What Operators Should Know About Temporary Reinstatement

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA – Discrimination Complaints

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA – Understanding Agent Liability

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA – What Is Unwarrantable Failure?

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA - What is Negligence?

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA - What Is “Significant And Substantial”?

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA – Understanding The Contest Process

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

Mining MSHA – Revisiting The Conferencing Process

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Hogan Lovells

COVID-19 SA – AMCU Judgment and the effect on all mines

Hogan Lovells on

On 1 May 2020, the Labour Court handed down a highly anticipated order in the application instituted by the Association of Mineworkers and Construction Union (AMCU) against the Minister of Mineral Resources and Energy...more

Fisher Phillips

Mining Industry Considerations During COVID-19 Coronavirus Outbreak

Fisher Phillips on

While the world grapples with COVID-19 and its implications for daily life, those in the mining industry may wonder whether the onset of the pandemic presents any MSHA compliance issues. Indeed, unlike its sister agency OSHA...more

Seyfarth Shaw LLP

Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor...more

Seyfarth Shaw LLP

Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more

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