News & Analysis as of

ALJ Rules Mine Operators Do Not Have Right to Perform Pre-operational Examinations of Equipment Prior to MSHA Inspection, Citing...

In an opinion issued on December 10, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Richard Manning ruled that allowing operators to perform examinations of mobile equipment immediately prior...more

Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections

In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission...more

MSHA Inspection Failures Poised to Increase Inspection Activities

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

HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System

On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless...more

Patton Boggs Insights - December 2012: Litigation/Courts: Kentucky Mine Operator, Supervisors Plead Guilty

A Kentucky coal mine operator and two of its supervisors have pled guilty to willful safety violations in the wake of a miner’s death....more

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