On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more
On Thursday, November 15, 2019, the Mine Safety and Health Administration (“MSHA”) held the fourth of five stakeholder meetings to discuss the implementation of the revised Workplace Examination standard for metal/non-metal...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
Due to a recent court decision, the Mine Safety and Health Administration (MSHA) has again revised its workplace examination rule, 30 CFR §§ 56.18002, 57.18002, undoing revisions made in 2018 and returning it to its original...more
MSHA has announced an additional in-person meeting and two video teleconferences to provide outreach and compliance assistance on the new workplace examination rule for metal and nonmetal mines. One of the video conferences...more
15 months after it first published a rule dramatically changing how workplace examinations will be done on every shift at every metal/non-metal mine, MSHA today published a final amended version of that rule. Despite a...more
Assistant Secretary of Labor David Zatezalo has announced that a new workplace examination rule for metal and non-metal mines will be effective on June 2, 2018. The new rule has not yet been published....more
It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more
The Senate Committee on Health, Education, Labor and Pensions (HELP) questioned Donald Trump’s nominee to be the new head of MSHA, David Zatezalo, about small mine compliance assistance and technological advances within the...more
Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more
As a parting gift from Joe Main, the departing Assistant Secretary of Labor for the Mine Safety & Health Administration (MSHA), MSHA released this week the final rule for Examinations of Working Places in Metal and Nonmetal...more
As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more
MSHA’s proposed changes to the Workplace Exam Standard will create logistical challenges for mine operators. MSHA refers to the workplace exam rule as “common sense,” but the impact on your mine operation will likely be...more