Mining, MSHA | JD Supra Law News

Court Finds Private Person Can Be Held Liable for Negligent Inspection

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2013

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

MSHA Revises Pattern of Violation Criteria

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2013

Here is the good news: “MSHA acknowledges…the majority of mine operators are conscientious about providing a safe and healthful work environment for their miners.” So says the Mine Safety and Health Administration (MSHA) in...more

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

by Matthew R. Korn | Fisher & Phillips LLP on 3/4/2013

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

MSHA Inspection Failures Poised to Increase Inspection Activities

by Curtis Capehart, Olen York III | Dinsmore & Shohl LLP on 2/12/2013

Two recent news items shine a spotlight on MSHA, its inspection corps, and several publicly acknowledged inspection failures. On February 5, 2013, the W.Va. Supreme Court published a decision that, for purposes of the Federal...more

Patton Boggs Insights - December 2012: Litigation/Courts: Kentucky Man Gets Three Years In Miner Training Scam

by Patton Boggs LLP on 1/18/2013

A man who passed himself off as a certified mine instructor and lied to MSHA investigators has been sentenced to three years in federal prison....more

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

by Peter Gould, R. Brian Hendrix | Patton Boggs LLP on 1/15/2013

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

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

by Patton Boggs LLP on 1/11/2013

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

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

by Matthew R. Korn | Fisher & Phillips LLP on 1/5/2013

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

by Patton Boggs LLP on 12/22/2012

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

MSHA/OSHA Report - November 2012

by Tressi L. Cordaro, Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/30/2012

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

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

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

MSHA/OSHA Report - August 2012

by Tressi L. Cordaro, Cole A. Wist | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2012

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

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