News & Analysis as of

Occupational Safety and Health Administration Mining

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Jackson Lewis P.C.

MSHA Issues Long Awaited Final Silica Rule

Jackson Lewis P.C. on

The Mine Safety and Health Administration (“MSHA”) released its long-anticipated silica rule on Tuesday, April 16, 2024. (See the rule here) The rule is aimed at reducing miners’ exposure to respirable crystalline silica,...more

Conn Maciel Carey LLP

MSHA Respirable Crystalline Silica Rule Clears OMB Review – Final Rule Is Imminent

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We have an important update to share about the status of MSHA’s Respirable Crystalline Silica rulemaking, officially proposed as Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection....more

Steptoe & Johnson PLLC

Honoring National Miners Day: MSHA Stakeholder Meeting Overview

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The Mine Safety and Health Administration (MSHA) appropriately held its last stakeholder meeting of 2023 on National Miners Day, which recognizes the Monongah Mine disaster that occurred on December 6, 1907, near Fairmont,...more

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

Cozen O'Connor on

The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more

Seyfarth Shaw LLP

Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Seyfarth Shaw LLP

Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Seyfarth Shaw LLP

Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

Seyfarth Shaw LLP on

Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more

Fisher Phillips

What Mine Operators Should Know About Legal Challenges to OSHA’s Vaccine ETS – And What to Do if it Survives

Fisher Phillips on

Mine operators may not be among the employers that will be impacted by OSHA’s mandate-or-test Emergency Temporary Standard (ETS), but questions abound in the mining community about the state of the emergency rule and whether...more

Fisher Phillips

Mine Safety Officials Announce No Vaccine Mandate on the Horizon

Fisher Phillips on

When the Biden administration announced on September 9 that the Occupational Safety and Health Administration (OSHA) would be issuing a rule requiring employers to ensure its workers are vaccinated against COVID-19 or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MSHA Unlikely to Issue Emergency Temporary Standard Requiring COVID-19 Vaccinations or Testing

In a September 28, 2021 Mine Safety and Health Administration (MSHA) stakeholder meeting, Deputy Assistant Secretary for Policy Jeannette J. Galanis stated that MSHA does not intend to issue an emergency temporary standard...more

Sherman & Howard L.L.C.

MSHA Weighs In On Appropriate COVID-19 Response For Mine Operators

On March 10, 2021, MSHA issued Guidance on Mitigating and Preventing the Spread of COVID-19. While this guidance is advisory in nature and creates no new legal obligations beyond the MSHA standards and regulations already in...more

Fisher Phillips

Should Mine Operators Expect A COVID-19 Emergency Temporary Standard?

Fisher Phillips on

Within the first days of taking office, President Biden signed many Executive Orders – one of which directs the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Executive Order on COVID-19 - Vague Regarding MSHA

On January 21, 2021, President Joseph R. Biden Jr. signed an executive order directing the U.S. Occupational Safety and Health Administration (OSHA) to take certain actions to address worker safety and health with regard to...more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

“The Sound of Silence” – What Mine Operators Should Expect From MSHA During Pandemic

Fisher Phillips on

Since the start of the COVID-19 pandemic, most mine operators have been waiting for MSHA to release some health and safety guidance regarding the outbreak and how to safeguard the safety and health of their miners. After a...more

Fisher Phillips

Mining Industry Considerations During COVID-19 Coronavirus Outbreak

Fisher Phillips on

While the world grapples with COVID-19 and its implications for daily life, those in the mining industry may wonder whether the onset of the pandemic presents any MSHA compliance issues. Indeed, unlike its sister agency OSHA...more

Seyfarth Shaw LLP

Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor...more

Seyfarth Shaw LLP

Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more

Seyfarth Shaw LLP

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

Fisher Phillips

Opinion: It’s Time For Mine Safety Agency To Create Voluntary Protection Program

Fisher Phillips on

As the current administration continues with its purported deregulatory agenda, the Mine Safety and Health Administration (MSHA) is struggling for an identity. After years of some of the most stringent compliance activity...more

Seyfarth Shaw LLP

MSHA Increases Civil Penalties for 2020

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%.  85 Fed. Reg. 2292 (Jan. 15, 2020)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MSHA to Hold Public Meeting on Respirable Silica RFI

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced today that it would hold a public meeting on its recent Request for Information (RFI) on Respirable Silica (Quartz). That RFI, published on...more

Husch Blackwell LLP

Does Most Safety Enforcement Go To Areas Of Least Risk? Is There A Better Way?

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As I write in the current issue of Rock Products magazine, mining is an industry approaching zero, with record low fatality rates. But, enforcement doesn’t always follow risk. Mines account for only 0.5% of U.S. workplace...more

Husch Blackwell LLP

OSHRC And FMSHRC – One Commission Gets A Quorum, The Other Loses It

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Baked into the core of federal safety laws is the concept that employers facing unfair citations can get a day in court. That system depends on two independent commissions of judges – both trial judges and appellate – to hear...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October, 2018 #3

Deal on Nominees Excludes Labor and Employment Personnel. The U.S. House and Senate are in recess (sort of) until after the November 6 elections. Before leaving town, the Senate confirmed a package of 15 federal judges and...more

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