News & Analysis as of

Coal Mines Mine Safety and Health Administration (MSHA)

J.S. Held

Navigating the New MSHA Respirable Crystalline Silica Regulations: Key Requirements and Compliance Strategies

J.S. Held on

Introduction: Understanding the New Regulations on Respirable Crystalline Silica (RCS) Respirable crystalline silica (RCS) is classified by the International Agency for Research on Cancer (IARC) as a human carcinogen. ...more

Conn Maciel Carey LLP

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

Conn Maciel Carey LLP on

On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more

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

MSHA Issues Final Powered Haulage Rule

On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule...more

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

MSHA Announces New Silica Enforcement Initiative

While the Mine Safety and Health Administration (MSHA) continues to work on developing a new crystalline silica standard (that is expected to cut the exposure limit in half), the agency has decided to ramp up enforcement of...more

Husch Blackwell LLP

MSHA Announces New Public Education Campaign

Husch Blackwell LLP on

MSHA has announced a new campaign focusing on mine operators’ obligations to ensure that miners are fully trained and able to take time to follow best safety practices. To that end, MSHA is providing resources on powered...more

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

Executive Order on COVID-19 - Vague Regarding MSHA

On January 21, 2021, President Joseph R. Biden Jr. signed an executive order directing the U.S. Occupational Safety and Health Administration (OSHA) to take certain actions to address worker safety and health with regard to...more

Husch Blackwell LLP

As Unions Seek COVID-19 Regulation, Mining Industry Brief Explains Extensive Efforts To Protect Workers

Husch Blackwell LLP on

The US Court of Appeals for the DC Circuit is currently considering a request by mine worker unions to require MSHA to create an emergency COVID-19 regulation. The parties have all finished submitting their briefs and now...more

Fisher Phillips

What Mine Operators Can Expect after the Pandemic: MSHA Will Soon Push Its Regulatory Agenda

Fisher Phillips on

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

Fisher Phillips

Winds of Change Blowing At Mine Safety Agency

Fisher Phillips on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 42, November 2019 #2

FBI Eyes How Pennsylvania Approved Pipeline - "The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry...more

Fisher Phillips

MSHA Conducts Stakeholders' Meeting On Workplace Examinations

Fisher Phillips on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 39, October 2019 #4

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

Fisher Phillips

MSHA Issues Program Policy Letter on Refuge Chambers for Public Comment

Fisher Phillips on

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

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

MSHA’s First Quarter Stakeholder Call Emphasizes Powered Haulage Training and Showcases Improvements to Mine Data Retrieval System

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder call on May 2, 2019. MSHA began the discussion by reviewing the five fatalities that occurred in the first quarter of 2019. The agency then...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2019 #3

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

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

MSHA’s First Stakeholder Call for 2019 Focuses on Large Mobile Equipment Safety and Dust Enforcement

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2019 #2

WV Supreme Court Mulls Marcellus Shale Mass Litigation Case from Harrison, WV - "While the case centers on Harrison County, where the surface owners live and the Marcellus Shale operations are underway, the case could have...more

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

MSHA Names New Administrator for Coal and Metal/Nonmetal Safety and Health

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #3

Impact of U.S. Court Ruling on Keystone XL Timing Unclear: TransCanada - "TransCanada Corp is reviewing a decision by a Montana judge blocking construction of the Keystone XL pipeline, but the impact on project timing...more

Jackson Lewis P.C.

Widow Of Miner Killed In Upper Big Branch Explosion Files Lawsuit Against MSHA

Jackson Lewis P.C. on

On April 10, 2010, Massey Energy’s Upper Big Branch underground coal mine suffered an explosion, resulting in the death of 29 miners. The investigation determined that inadequate ventilation caused a buildup of toxic gases,...more

Foley Hoag LLP - Environmental Law

Can Trump Save Coal Without Killing All the Miners?

Last month, the New York Times reported on the identification of the largest cluster of advanced black lung cases ever reported. (And lest you think that this is fake news, the Times contains a link to the article, which was...more

Husch Blackwell LLP

What effect does the government shutdown have on OSHA and MSHA enforcement?

Husch Blackwell LLP on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Jackson Lewis P.C.

Mine Safety Agency Enhances Enforcement Of ‘Rules To Live By’ To Prevent Mining Fatalities

Jackson Lewis P.C. on

The Mine Safety and Health Administration said it has begun “enhanced” enforcement of its “Rules to Live By” initiative, regulating standards commonly linked to mine deaths, as well as nine underground coal mine exam...more

Jackson Lewis P.C.

Mine Safety Agency Re-Launches Annual Program To Prevent Roof And Rib Fall Accidents

Jackson Lewis P.C. on

The Mine Safety and Health Administration said that it is re-launching its annual Preventive Roof/Rib Outreach Program (PROP) to expand awareness among coal miners and mine operators of roof and rib fall hazards. The...more

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