Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more
On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative...more
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH...more
President Biden has ordered the Occupational Safety and Health Administration (OSHA) as well as the Mine Safety and Health Administration to evaluate whether a need exists for emergency temporary standards that protect...more
All bets are off as regulatory agencies are tugged in every direction in pandemic world. Normally, an election year probably would not have seen particularly aggressive enforcement or rulemaking. For a while, COVID-19 health...more
As companies plan to reopen, we’re getting lots of questions about how to prepare for workers wearing cloth face masks, as advised by the CDC and now required by some jurisdictions. Should your employees wear masks? Must...more
As part of its “Blurring the Lines” initiative, MSHA is now implementing plans to dramatically change its internal organization for enforcement and has released a map showing the new hierarchy. Before, individual coal and...more
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
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
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
The Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more
What has evolved (or devolved) into perhaps the most controversial election in American history, could translate in a couple of months into a whirlwind for labor and workplace safety policy. Stark differences between the...more
In just a couple of weeks, we will have the opportunity to enter the voting booth, and cast a ballot to elect the next President of the United States. The platforms and proposed polices of the candidates are more divergent...more
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
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred...more
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
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
The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more
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
With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more
Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more
On December 17, 2015, the U.S. Departments of Justice (DOJ) and Labor (DOL) announced a new memorandum of understanding (MOU) to increase the frequency and effectiveness of criminal prosecutions of so-called worker...more
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
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