News & Analysis as of

Workplace Injury Mining

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

Gray Reed

LOIA Does Not Apply to a Salt Mine Operation

Gray Reed on

The issue in QBE Syndicate 1036 v. Compass Minerals Louisiana, LLC  was whether the scope of the Louisiana Oilfield Indemnification Act applies to operations involving salt mining? QBE issued a commercial general...more

Fisher Phillips

Mining MSHA – Revisiting The Conferencing Process

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

White & Case LLP

Mining & Metals 2020: ESG front and center as trade tensions linger

White & Case LLP on

The global mining & metals sector is facing one of its most challenging transitions yet, as the industry is considering how it can best position itself to regain and maintain stakeholder confidence on ESG matters. Miners...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

MSHA’s First Quarter Stakeholder Call Emphasizes Powered Haulage Training and Showcases Improvements to Mine Data Retrieval System

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder call on May 2, 2019. MSHA began the discussion by reviewing the five fatalities that occurred in the first quarter of 2019. The agency then...more

Husch Blackwell LLP

Recent Case Highlights Key To Defending MSHA Immediate Reporting Citations: Totality Of The Circumstances

Husch Blackwell LLP on

One unique challenge on mine sites is the rule requiring a phone call to MSHA within 15 minutes of certain serious accidents. Operators otherwise consumed with emergency response must make quick, on-the-scene judgments about...more

Jackson Lewis P.C.

Mine Safety Agency Issues Alert after Mining Deaths

Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents...more

Stoel Rives - World of Employment

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

Conn Maciel Carey LLP

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

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

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

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

Miners Can Prevent Fatal Accidents

With a momentary lapse of attention, any of us can cause a grave accident––at home, in a vehicle, on vacation, or at work. Miners must be ever vigilant for their own safety and the safety of others. ...more

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