News & Analysis as of

Workplace Safety Mine Safety and Health Administration (MSHA)

Fisher Phillips

Workplace Safety and Mine Safety Will Be Transformed in the Post-Chevron Era: What Should Employers Expect?

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The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

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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

Husch Blackwell LLP

MSHA Announces Stakeholder Meetings Regarding New Silica Rule

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MSHA announced it will hold a series of stakeholder meetings across the country to share information about the final silica rule issued on April 18, 2024. The first two meetings are scheduled for Arlington, VA on July 10,...more

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

MSHA Releases Final Rule on Respirable Crystalline Silica

On April 18, 2024, the Mine Safety and Health Administration (MSHA) published the long-anticipated final rule on respirable crystalline silica for coal mines and metal and nonmetal mines. As expected, this final rule is a...more

Conn Maciel Carey LLP

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

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On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more

Husch Blackwell LLP

MSHA’s Final Silica Redraws the Landscape for Silica Compliance

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The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable...more

Jackson Lewis P.C.

MSHA Issues Long Awaited Final Silica Rule

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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

Husch Blackwell LLP

MSHA Posts Template for Compliance with Surface Mobile Equipment Rule

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MSHA has posted a template for compliance assistance with the Surface Mobile Equipment Rule. MSHA will begin to enforce the standard on July 17, 2024. The standard does not require operators to submit their plan to the...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

Seyfarth Shaw LLP

Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

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This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more

Seyfarth Shaw LLP

Report From Day 2 of The 2024 ABA OSHA/MSHA Law Conference

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This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more

Seyfarth Shaw LLP

Report From Day 1 of The 2024 ABA OSHA/MSHA Law Conference

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Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the...more

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

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The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. ​​​​​​​MSHA originally published a Request...more

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

MSHA Issues Final Powered Haulage Rule

On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule...more

Steptoe & Johnson PLLC

MSHA’s New Powered Haulage Standard Rule and Implementation

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Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health...more

Husch Blackwell LLP

MSHA Announces Final Rule on Surface Mobile Equipment

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On December 19, 2023, MSHA announced a final rule to have written safety programs for surface mobile equipment (excluding belt conveyers) at surface mines and surface areas of underground mines....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

Seyfarth Shaw LLP

Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths

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Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

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The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday....more

Husch Blackwell LLP

MSHA Releases Proposed Silica Rule

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MSHA has published the proposed silica rule on their website. Among other things, MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full...more

Stoel Rives - Mineral Law

We Have to Know What We're Doing, Because They Don't Always Get It

Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good...more

Stoel Rives - Mineral Law

Wait … What?  A Potentially Dangerous Development in § 105(c) Retaliation Cases

In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c)...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

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