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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

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

MSHA Announces New Initiative to Enforce Silica Dust Standards

Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards.  Crystalline silica is a...more

Mandatory Vaccination Policies for Employees: What Can (and Should) We Do?

Just a few short months ago, we would have thought that COVID-19 was almost behind us and that it was only a matter of time before mine operators would no longer have to worry about the spread of the disease at their...more

Take Action to Comply with OR-OSHA’s Final Temporary COVID-19 Safety Rules

With very limited exceptions, Oregon employers must adopt the following safety protocols: Physical Distancing. Employers must ensure that their workplaces allow at least six feet of distance between employees, unless such...more

Oregon OSHA Releases Near Final Draft of its COVID-19 Standard

Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and...more

Oregon OSHA Proposes Draft Temporary Rule Addressing COVID-19

Oregon OSHA proposed its “DRAFT Temporary Rule Addressing COVID-19” on August 17. The timeline for commenting on the proposed temporary rule is only two weeks. Oregon OSHA has indicated that it will accept public comments...more

U.S. Chemical Safety Board’s Proposed Budget Confirms New Regulations Are Coming

Last month, the United States District Court for the District of Columbia ruled that the U.S. Chemical Safety and Hazard Investigation Board must issue regulations within one year setting forth reporting requirements for...more

Are New Regulations Coming for Accidental Releases into Air?

On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the...more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

New Developments at OSHA - July 2017

OSHA Seeks to Reverse Beryllium Rule For Certain Industries Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease...more

Oregon OSHA Issues Proposed Changes to Regulations Regarding Occupational Exposure to Beryllium in General Industry, Construction,...

In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would...more

New Developments at OSHA!

Following are a couple of significant new OSHA developments for all safety professionals to be aware of, relating to limitations for OSHA citations and validity of OSHA interpretation letters....more

Worker Safety Law Alert: What You Need to Know to Avoid Enforcement Actions

Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”)...more

MSHA’s New Rule on Workplace Examinations at Metal/Non-Metal Mines Scheduled to Take Effect Despite Regulatory Freeze

On January 23, and for the first time in nearly 40 years, the Mine Safety and Health Administration (“MSHA”) issued new rules governing the way in which metal/non-metal mine operators must conduct their regular workplace...more

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