The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday....more
No penalty is a good penalty, but many Department of Labor fines just got worse – including those that can be assessed against mine operators. The agency just published a final rule that increases the maximum civil penalties...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
Some employers might be surprised to learn that MSHA violations are increasingly common in states not typically associated with mine safety – and that you are much more likely to be cited for certain kinds of violations...more
Mine operators may not be among the employers that will be impacted by OSHA’s mandate-or-test Emergency Temporary Standard (ETS), but questions abound in the mining community about the state of the emergency rule and whether...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
Within the first days of taking office, President Biden signed many Executive Orders – one of which directs the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) to...more
1/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Workplace Hazards ,
Workplace Safety
In what could be one of the more significant redirections of a government agency, the Biden administration’s transition team will almost certainly appoint a union-supported candidate to replace the current Assistant Secretary...more
With Joe Biden now being called the president-elect, we can expect changes to the Mine Safety and Health Administration (MSHA) once he takes office in January 2021. Right now, while there is speculation as to who will be the...more
11/11/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Rights ,
Health and Safety ,
Infectious Diseases ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Personal Protective Equipment ,
Regulatory Agenda ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
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
9/28/2020
/ Adverse Employment Action ,
Affirmative Defenses ,
Coal Industry ,
Employer Liability Issues ,
Employment Discrimination ,
Health and Safety ,
Hiring & Firing ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Nexus ,
Protected Activity ,
Protected Class ,
Remedies ,
Retaliation ,
Workplace Safety
Cal/OSHA recently cited 11 employers in the food processing, meatpacking, health care, agriculture, and retail industries for not protecting employees from potential exposure to COVID-19. The state safety enforcement agency...more
9/11/2020
/ Cal-OSHA ,
Citations ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Food Processing ,
Personal Protective Equipment ,
Public Health Emergency ,
Retailers ,
Social Distancing ,
Virus Testing ,
Workplace Safety
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
8/17/2020
/ Civil Liability ,
Coal Industry ,
Employer Liability Issues ,
Health and Safety ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Safety Inspections ,
Supervision ,
Workplace Hazards ,
Workplace Investigations ,
Workplace Safety
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
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
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
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
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
A group of U.S. Senators have joined the United Mine Workers of America call for MSHA action by introducing a new mine safety bill. The proposed Mine Worker Protection Act – which would require the agency to issue an...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
Since the start of the COVID-19 pandemic, most mine operators have been waiting for MSHA to release some health and safety guidance regarding the outbreak and how to safeguard the safety and health of their miners. After a...more
With fear of the COVID-19 coronavirus gripping the nation, many employers – including mine operators large and small – are trying to keep their workforce safe and their businesses running as smoothly as possible... But along...more
As the current administration continues with its purported deregulatory agenda, the Mine Safety and Health Administration (MSHA) is struggling for an identity. After years of some of the most stringent compliance activity...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
Excavations and trenches have become so commonplace on worksites that some employers and employees have developed a sense of complacency with some of the most basic requirements of excavation safety. To counter this, the...more
Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more