Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
In a significant turn of events for the coal mining sector, the Mine Safety and Health Administration (MSHA) has announced a temporary enforcement pause on its stringent respirable crystalline silica regulation. This...more
In mid-February, Trump nominated Wayne Palmer to lead the Mine Safety and Health Administration (MSHA) and David Keeling to lead the Occupational Safety and Health Administration (OSHA). While these nominees have been...more
On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%. The chart below applies to any penalties assessed after January 15,...more
A frustration mine operators frequently face relates to Mine Safety and Health Administration (MSHA) citations alleging insufficient illumination in work areas. Given the subjective nature of MSHA’s illumination standard,...more
Co-Author: Elizabeth Strickland The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a June 16th decision certain Mining Safety and Health Administration (“MSHA”) regulations. See Peabody Midwest...more
As the calendar turns to a new year, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change,...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 July 31, the Sixth Circuit Court of Appeals decided that administrative law judges (ALJs) within the Mine Safety and Health Administration (MSHA) are "inferior officers" and therefore subject to the Constitution's...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
Everyone from political junkies to average citizens has an opinion on the January 2018 government shutdown, and some may have bets on its duration. However, while the government continues to flounder, the private sector...more
The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a...more