In this webinar, we will examine MSHA's priorities, rulemaking, enforcement tactics, and emphasis programs from 2024. We'll review the interactions between the agency and operators during the final year of the Biden...more
1/21/2025
/ Department of Labor (DOL) ,
Enforcement Priorities ,
Health and Safety ,
Mining ,
MSHA ,
NEP ,
Regulatory Agenda ,
Rulemaking Process ,
SCOTUS ,
Webinars ,
Workplace Safety
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
4/23/2024
/ Coal Mines ,
Corrective Actions ,
Final Rules ,
Health Care Providers ,
Medical Examinations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
Recordkeeping Requirements ,
Silica ,
Workplace Hazards ,
Workplace Safety
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
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
2/16/2024
/ Contractors ,
Employer Liability Issues ,
Energy Sector ,
Final Rules ,
Health and Safety ,
Heavy Equipment ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Operators ,
Regulatory Reform ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
The Mine Act of 1977 governs all mine operators, and grants MSHA authority over the industry. While the agency clearly has the power to regulate and inspect active mining operations around the country, its reach has limits,...more
With 2017 behind us, it’s time to look forward to what MSHA has in store for the next year. To close the year, the agency rounded out its leadership with the confirmation of Assistant Secretary Zatezalo and began review of...more
MSHA publishes and distributes information each year on miners’ rights in the workplace. The rights widely broadcast by the agency include the right to report hazards in the workplace to MSHA, to not be discriminated against...more
Recordkeeping requirements such as workplace exams are well-known and often discussed with MSHA inspectors, however these are far from the only records that MSHA requires operators to maintain. On top of knowing which records...more
In the last several years, MSHA has issued 107(A) Imminent Danger orders with increased frequency. On the surface, these orders seem self-explanatory, yet the agency has been moving beyond the common assumption that these...more
Mine operators will not have to comply with MSHA’s much anticipated final rule for the Examinations of Working Places in Metal and Nonmetal Mines by October 2, 2017, as the rule’s effective date was once again delayed....more
MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more
Mine Safety and Health Administration (MSHA) has a distinctly less ambitious regulatory plan on its plate with the start of the Trump Administration, in line with the campaign promises the President made last year to reduce...more
There are numerous benefits to internal or third-party safety audits. These audits offer operators terrific insight for proactive safety and compliance improvements. But, can these audits be used against an operator…The short...more
On May 22, 2017, MSHA published another extension of the enforcement effective date for its new rule governing the Examinations of Working Places in Metal and Nonmetal Mines, just one day prior to the initially announced...more
MSHA’s published enforcement initiatives and Fatalgrams are an easy place to start when improving mine safety and proactively preparing sites for inspection, especially if you do your research. Reviewing MSHA’s most-cited...more
While operators have the right and opportunity to contest any citation or order issued by MSHA, there ways to address concerns with MSHA prior to contest....more
The panel that reviews mine safety and health cases has prevailed in recent federal court filings on the issue of whether it has the legal authority to approve settlements of penalties that MSHA reaches with mining employers....more
A key federal appeals court decision has rejected MSHA’s argument that the Mine Act gave it authority to take enforcement against a manufacturing plant making and repairing mine equipment, saying that instead the shop falls...more
An impending decision by the Federal Mine Safety and Health Review Commission (the Commission) reveals a split among members as to the safety risks posed by violations of a roof control plan, though they agreed the company in...more
As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more
1/13/2017
/ Coal Mines ,
Enforcement ,
Industry Examinations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Operators ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Safety Inspections ,
Trump Administration ,
Webinars ,
Workplace Exam Standards
Independent contractors are a vital element to the mining industry. Mine operators call upon their expertise daily at mines around the country. But what happens when an independent contractor arrives at your mine site? This...more
MSHA’s proposed changes to the Workplace Exam Standard will create logistical challenges for mine operators. MSHA refers to the workplace exam rule as “common sense,” but the impact on your mine operation will likely be...more
Last week, MSHA released its Proposed Rule for the Examinations of Working Places in Metal and Nonmetal Mines in the Federal Register, the Proposed Rule was formally published on June 8, 2016. The Proposed Rule addresses...more
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