News & Analysis as of

Mining Safety and Health Administration Mining

The MSHA Quarterly Stakeholder Conference: Workplace Examination Rule and Working Alone Initiative

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder teleconference on April 25, 2017. The call served three purposes: (1) It provided an update to the timeline of the agency’s final Examinations of...more

Mine Safety Agency Releases Accident Alert for Surface Trucks in Metal, Nonmetal Mining Industry

by Jackson Lewis P.C. on

The Mine Health and Safety Administration has released a serious accident alert in the wake of an accident involving a haul truck driver in the metal and nonmetal mine industry. The operator of a loaded haul truck...more

Federal Mine Safety Review Commission Authority Over Settlements Affirmed As Labor Department Drops Challenge

by Conn Maciel Carey LLP on

The panel that reviews mine safety and health cases has prevailed in recent federal court filings on the issue of whether it has the legal authority to approve settlements of penalties that MSHA reaches with mining employers....more

Mine Safety Agency Issues Alert on Falls at Metal and Nonmetal Mines

by Jackson Lewis P.C. on

After the deaths of 29 miners over the past decade from falls in metal and nonmetal mines, the Mine Safety and Health Administration has issued a safety alert on reducing the risk of dangerous falls, reminding employers of...more

MSHA decides that the White House’s Regulatory Freeze Does Not Apply to its New Rule

by Jackson Lewis P.C. on

MSHA decided to move forward with its controversial Examination of Workplaces in Metal and Nonmetal Mines Rule without regard to a White House Memorandum requesting federal agencies to delay rules for sixty days. (see our...more

MSHA Moves Forward with May 23 Implementation of Workplace Examination Final Rule

On January 23, the Mine Safety and Health Administration (MSHA) issued its Final Rule for Examinations of Working Places in Metal and Nonmetal Mines. In light of the White House’s regulatory freeze on new rules, questions...more

[Webinar] How Changes to MSHA's Workplace Exam Standard Will Affect Your Mine - September 15th, 1:00pm EDT

by Conn Maciel Carey LLP on

MSHA’s proposed changes to the Workplace Exam Standard will create logistical challenges for mine operators. MSHA refers to the workplace exam rule as “common sense,” but the impact on your mine operation will likely be...more

Citing Mine Inspector’s ‘Animus,’ Judge Softens Tough Enforcement Action

by Jackson Lewis P.C. on

Convinced that the tough enforcement action brought against a West Virginia coal operator by an inspector for the Mine Safety and Health Administration was influenced by a long-standing grudge the inspector held toward the...more

Safety Agencies Expect to Release 9 Rules This Year

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within...more

MSHA Enforcement Trends: Most-Cited Standards of 2015 and Rules to Live By

by Conn Maciel Carey LLP on

Mine operators can look to MSHA’s 2015 enforcement data to identify patterns in the most frequently cited safety and health violations, making it easier to avoid costly citations and possible long-term legal ramifications....more

MSHA Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators

Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary...more

Here We Go Again—The Robert C. Byrd Mine Safety Protection Act

For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act...more

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Despite Fewer Citations Issued Since 2008, the Percentage of “Significant and Substantial” Citations Is Holding Steady

The Mine Safety and Health Administration (MSHA) recently released mining industry and enforcement data that reflects noteworthy changes the industry has experienced over the last six years. Of particular significance in the...more

MSHA Tackles Rising Metal/Nonmetal Fatalities

Only two months into 2015 and it has already been a busy year for the Mine Safety and Health Administration (MSHA). Last year, MSHA launched “Voice in the Workplace” as an initiative to prompt more involvement by miners in...more

Changing MSHA Penalties: What’s on the Horizon for Mine Operators?

The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

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

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

MSHA Demands For Company Files Upheld By Federal Appellate Court

“Congress has given . . . MSHA powerful tools to protect miners. ...more

Escalating Enforcement By MSHA Of Prohibition Against Advance Notice Of Inspection

Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at mines....more

MSHA/OSHA Report - May 2013

Escalating Enforcement by MSHA of Prohibition against Advance Notice of Inspection - Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

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

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 Fisher Phillips on

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

29 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!