News & Analysis as of

Mining Safety and Health Administration Safety Violations

Challenge To Mine Safety POV Rule Stayed For Settlement Talks

by Jackson Lewis P.C. on

An Ohio court case on the validity of the Mine Safety and Health Administration’s 2013 rule on “pattern of violation,” or “POV,” may be near an end. At the joint request of the plaintiffs and MSHA, a judge for the U.S....more

41% Increase in Citations to Mine Operators

by Jackson Lewis P.C. on

Special impact inspections in July that covered 13 states resulted in 161 citations, the Mine Safety and Health Administration has announced. This is a 41-percent increase from the 114 citations issued the previous month....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

Elevated Fine Lacks Justification, Mine Safety Agency Attorney Concedes

by Jackson Lewis P.C. on

A government attorney agreed with opposing counsel that the Mine Safety and Health Administration had not justified a proposed 127 percent increase in fines against an Illinois coal operator. The two sides disagreed, however,...more

Environment, Land Use & Natural Resources Advisory: DOJ Revs Up the Worker Endangerment Initiative

by Alston & Bird on

On March 15, Assistant Attorney General John Cruden provided new insight into the renewed emphasis on criminal prosecution of worker safety laws by the U.S. Department of Justice’s Environment and Natural Resources Division...more

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

by Sherman & Howard L.L.C. on

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more

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