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
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
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