The Mine Safety and Health Administration (MSHA) appropriately held its last stakeholder meeting of 2023 on National Miners Day, which recognizes the Monongah Mine disaster that occurred on December 6, 1907, near Fairmont,...more
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
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
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
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
German Regulator Puts Brake on Nord Stream 2 in Fresh Blow to Gas Pipeline - "First flows through the pipeline look very unlikely in the first half of 2022, he added." Why this is important: It is estimated that Russia...more
When the Biden administration announced on September 9 that the Occupational Safety and Health Administration (OSHA) would be issuing a rule requiring employers to ensure its workers are vaccinated against COVID-19 or...more
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
On 1 May 2020, the Labour Court handed down a highly anticipated order in the application instituted by the Association of Mineworkers and Construction Union (AMCU) against the Minister of Mineral Resources and Energy...more
As the country begins to reopen, many mine operators are contemplating next steps for their own operations. One certainty is that the Mine Safety and Health Administration (MSHA) will continue to enforce the provisions of the...more
The federal agency overseeing mine safety and health has been undergoing a bit of a transformation over the past several years, and employers can expect to see the most significant change in a matter of weeks. The Mine Safety...more
Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020)....more
On Thursday, November 7, 2019, the Mine Safety and Health Administration (“MSHA”) held the second of five stakeholder meetings to discuss the implementation of the revised Workplace Examination standard for metal/non-metal...more
Big Oil’s Climate Change Reckoning Finally Arrives in Court - "New York’s $1.6 billion lawsuit arose from a national effort to hold Big Oil responsible for global warming." Why this is important: The most important...more
We recently reported that on June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule...more
At the end of July, the Mine Safety and Health Administration (“MSHA”) announced the issuance of a Program Policy Letter (“PPL”) to provide mine operators guidance regarding the existing requirement to provide escape ways or...more
NY Natural Gas Moratorium Due to Lack of Pipelines, but Some in Denial - "The slowing of economic development resulting from New York's political actions is a testament to what happens when energy becomes politicized." ...more
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
The Mine Safety and Health Administration (MSHA) recently named Deputy Administrator for Coal Mine Safety and Health Timothy R. Watkins to fill the newly created MSHA position of administrator for Coal and Metal/Nonmetal Mine...more
On August 16, 2018, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) presented a webinar, “Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface...more
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...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