Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
Conn Maciel Carey LLP’s Southeast Workplace Safety (OSHA & MSHA) and Labor & Employment Law Summit is an in-person program conducted by attorneys in CMC’s national OSHA & Workplace Safety, MSHA & Mine Safety, and Labor &...more
Employers striving to provide safe, compliant, and productive workplaces face no shortage of challenges when it comes to testing employees for potential drug use. The federal government is rescheduling marijuana and banning...more
On Friday, April 17, 2026, the U.S. Court of Appeals for the D.C. Circuit issued a major decision, Secretary of Labor v. KC Transport, addressing the extent of MSHA’s jurisdiction over buildings and facilities that are used...more
The D.C. Circuit Court of Appeals just upheld MSHA’s broad interpretation of what constitutes a “mine” – any facility “necessarily connected with the use and operation of extracting, milling, or processing coal and other...more
MSHA’s 2024 final rule on respirable crystalline silica (“RCS”), officially titled Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection, was published as a final rule in the Federal...more
MSHA has published a notice in the Federal Register stating that the effective date of the 2024 Silica Rule is indefinitely delayed for metal and nonmetal mines. Metal and nonmetal mines should continue to follow the existing...more
For several decades, the American Bar Association has hosted an annual event focused on Workplace & Occupational Safety and Health (WOSH) issues, including both the Mine Safety and Health Act (MSHA) and the Occupational...more
The U.S. Department of Labor (DOL) launched a new open data portal to enhance agency alignment and public access to workforce information collected and maintained by DOL agencies. The portal includes over 40 categories of...more
EEOC Rescinds Enforcement Guidance on Harassment - On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to...more
On January 8, 2026, the Mine Safety and Health Administration (MSHA) issued a communication encouraging electronic filing of the Quarterly Mine Employment and Coal Production Report (MSHA Form 7000-2). This transition to...more
Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a head start to 2026....more
The Mine Safety and Health Administration (MSHA) announced in a November 26, 2025, status report to the U.S. Court of Appeals, Eighth Circuit (where the rule is currently being litigated), its plans to “engage in limited...more
With any industry that has grown as quickly as renewable energy, safety is sometimes overlooked. The Occupational Safety and Health Administration (“OSHA”) classifies those working in the renewable energy industry as having a...more
The Occupational Safety and Health Administration (OSHA) is officially back to full operations, now that the government shutdown has ended....more
The Occupational Safety and Health Administration (OSHA) is officially back to work now that the government shutdown has ended. Now that OSHA has a full complement of agency staff available, employers should be prepared for...more
Recent confirmations at the Department of Labor (DOL) mark a new phase for federal workplace safety and health oversight. With David Keeling now leading the Occupational Safety and Health Administration (OSHA) and Wayne...more
When the Senate approved David Keeling to take over as the head of OSHA and Wayne Palmer to lead MSHA Tuesday, it ushered in a new day for employers across the country. You can expect to see workplace safety policies,...more
This week the Senate confirmed the new leaders of OSHA and MSHA. David Keeling is the new Assistant Secretary of OSHA and Wayne Palmer is the new Assistant Secretary for MSHA. Wayne Palmer is a returning figure to the Trump...more
On Friday, October 3, almost eight months after President Trump announced their nominations, the Senate confirmed David Keeling (OSHA) and Wayne Palmer (MSHA) to lead their respective agencies, along with other key appointees...more
Since the government shutdown began on October 1, 2025, many employers have been concerned about its effects on the operations of various federal agencies, including the Mine Safety and Health Administration (MSHA) and the...more
Per a U.S. Department of Labor memo entitled “Plan for the Continuation of Limited Activities During a Lapse in Appropriations,” many employees of OSHA and MSHA are currently furloughed. At the Mine Safety and Health...more
On September 19, 2025, the Federal Mine Safety and Health Review Commission issued a decision, Secretary of Labor v. Consol Pennsylvania Coal Company, that re-defined the interpretation of the “significant and substantial”...more
With the federal government now shut down, the Department of Labor (DOL) has invoked its shutdown contingency plan that will remain in effect until Congress appropriates funding. Shutdowns occur because the Antideficiency...more
Coordination between mine operators and independent contractors is crucial for ensuring productivity, safety, and compliance in mining operations. However, managing a multi-employer mine site presents significant challenges...more
The US Department of Labor (DOL) just released its latest semiannual regulatory agenda, and employers should tune in. The agency’s current proposals include high-priority actions related to joint employer determinations,...more