On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These...more
The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more
6/3/2019
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Appeals ,
Chevron Deference ,
Congressional Intent ,
Disability Benefits ,
Eligibility Determination ,
Final Written Decisions ,
Judicial Review ,
Jurisdiction ,
Motion for Reconsideration ,
Reversal ,
Reviewability Determinations ,
Right To Appeal ,
SCOTUS ,
Smith v Berryhill ,
Social Security Administration (SSA) ,
Social Security Administration Appeals Council ,
Time-Barred Claims
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
5/7/2019
/ Coal Mines ,
Data Collection ,
Federal Grants ,
Fires ,
Heavy Equipment ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Safety Precautions ,
Safety Training ,
Workplace Injury ,
Workplace Safety
On January 24, 2019, the Mine Safety and Health Administration (MSHA) held its first Quarterly Stakeholder Call of the year. As with previous calls, the agency emphasized its efforts to support its powered haulage safety...more
Powered haulage accidents are the leading cause of fatalities in the mining industry. They accounted for 50 percent of the fatalities in 2017 and as of this writing, 57 percent of the fatalities in 2018 were powered haulage...more
On February 12, 2018, the Mine Safety and Health Administration (MSHA) held its first stakeholder/quarterly training call of the year, which featured Assistant Secretary for Mine Safety and Health David G. Zatezalo. During...more
On March 27, 2017, the Mine Safety and Health Administration (MSHA) issued a proposed rule to delay the effective date for its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines from May 23, 2017, to...more
The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002...more
For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act...more
7/22/2015
/ Byrd Amendment ,
Coal Mines ,
Government Investigations ,
Legislative History ,
Mine Act ,
Mining ,
MSHA ,
NIOSH ,
Proposed Amendments ,
Retaliation ,
Whistleblower Protection Policies ,
Workplace Safety
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