News & Analysis as of

Mine Act

Seyfarth Shaw LLP

Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MSHA Jurisdiction May Extend Beyond Mine Property - But How Far?

Clearly, 2–1 decisions can cut both ways. Mining industry observers will remember that in April 2022, the Federal Mine Safety and Health Review Commission (FMSHRC), in Secretary of Labor v. KC Transport, Inc.—a 2–1...more

Stoel Rives - Mineral Law

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

Stoel Rives - Mineral Law

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

Fisher Phillips

Tides Keep Rising: MSHA Penalties Increase For 2023

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Biden Appoints New FMSHRC Chair

On January 20, 2021, President Joseph R. Biden Jr. appointed Commissioner Arthur R. Traynor III to serve as chair of the Federal Mine Safety and Health Review Commission (FMSHRC). Traynor replaces former mine industry lawyer...more

Fisher Phillips

Mining MSHA – What Operators Should Know About Temporary Reinstatement

Fisher Phillips on

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

Fisher Phillips

Mining MSHA – Discrimination Complaints

Fisher Phillips on

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

Fisher Phillips

Mining MSHA – Understanding Agent Liability

Fisher Phillips on

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

Jackson Lewis P.C.

Mine Safety and Health Administration Tells Federal Court That It Is Issuing Citations For COVID-19 Health And Safety Violations

Jackson Lewis P.C. on

As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States...more

Fisher Phillips

Warning! Mine Commission Finds Employer Gave Advance Notice Of Safety Inspection In Violation Of The Law

Fisher Phillips on

The Federal Mine Safety and Health Review Commission just concluded that an employer was being untruthful when it claimed that it did not provide advance warning to fellow workers about an imminent mine inspection, taking the...more

Fisher Phillips

Testing for Interference in MSHA 105(c) Discrimination Cases

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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

Seyfarth Shaw LLP

Sixth Circuit Denies Review Of Judgment Favoring Former Employee In Retaliation Claim Under The Mine Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more

Stoel Rives LLP

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

Stoel Rives LLP on

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

Conn Maciel Carey LLP

[Webinar] MSHA 101: Understanding The Mine Act and MSHA Policy - February 14th, 1:00pm EST

Conn Maciel Carey LLP on

The Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more

Conn Maciel Carey LLP

[Webinar] MSHA Hazard Complaints and Whistleblower Protections: Working Through Complaint Investigation - Dec. 15th, 1:00pm EST

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Regular MSHA inspections (aka E01 inspections) are commonplace for mines – an average of two to four inspections per year for surface and underground operations respectively. Yet, MSHA has in its arsenal a host of other...more

Conn Maciel Carey LLP

[Webinar] Navigating Multi-Employer Mine Sites Liability and Enforcement - November 15th, 1:00p.m. EST

Conn Maciel Carey LLP on

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

Fisher Phillips

MSHA’s Proposed New Rules on Workplace Examinations May Increase Individual 110(c) “Agent” Exposure.

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The Mine Safety and Health Administration (“MSHA”) recently proposed new rules on workplace examinations that may significantly impact mine operators and employers. In recent years, MSHA has been far more willing to use...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Here We Go Again—The Robert C. Byrd Mine Safety Protection Act

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

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