No penalty is a good penalty, but many Department of Labor fines just got worse – including those that can be assessed against mine operators. The agency just published a final rule that increases the maximum civil penalties...more
Some employers might be surprised to learn that MSHA violations are increasingly common in states not typically associated with mine safety – and that you are much more likely to be cited for certain kinds of violations...more
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
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
9/28/2020
/ Adverse Employment Action ,
Affirmative Defenses ,
Coal Industry ,
Employer Liability Issues ,
Employment Discrimination ,
Health and Safety ,
Hiring & Firing ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Nexus ,
Protected Activity ,
Protected Class ,
Remedies ,
Retaliation ,
Workplace Safety
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
8/17/2020
/ Civil Liability ,
Coal Industry ,
Employer Liability Issues ,
Health and Safety ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Safety Inspections ,
Supervision ,
Workplace Hazards ,
Workplace Investigations ,
Workplace Safety
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
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
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
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
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
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
Excavations and trenches have become so commonplace on worksites that some employers and employees have developed a sense of complacency with some of the most basic requirements of excavation safety. To counter this, the...more
Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more
The legal basis of interference is in Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) - “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise...more
4/22/2019
/ Administrative Law Judge (ALJ) ,
Employer Liability Issues ,
Interference Claims ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
NLRA ,
Protected Activity ,
Protected Class ,
Totality of Circumstances Test ,
Workplace Safety