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
Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by...more
4/8/2025
/ Anti-Retaliation Provisions ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Investigations ,
Workplace Safety
MSHA's new silica rule, finalized in 2024, represents a key legacy of the Biden Administration. Although compliance seemed distant when the rule was first issued, the deadlines for compliance are approaching: April 2025 for...more
In this webinar, we will examine MSHA's priorities, rulemaking, enforcement tactics, and emphasis programs from 2024. We'll review the interactions between the agency and operators during the final year of the Biden...more
1/21/2025
/ Department of Labor (DOL) ,
Enforcement Priorities ,
Health and Safety ,
Mining ,
MSHA ,
NEP ,
Regulatory Agenda ,
Rulemaking Process ,
SCOTUS ,
Webinars ,
Workplace Safety
Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more
7/17/2024
/ Anti-Retaliation Provisions ,
Continuing Legal Education ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Mine Safety and Health Administration (MSHA) ,
MSHA ,
OSH Act ,
OSHA ,
Retaliation ,
Safety Violations ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
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
4/23/2024
/ Coal Mines ,
Corrective Actions ,
Final Rules ,
Health Care Providers ,
Medical Examinations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Occupational Exposure ,
Recordkeeping Requirements ,
Silica ,
Workplace Hazards ,
Workplace Safety
We have an important update to share about the status of MSHA’s Respirable Crystalline Silica rulemaking, officially proposed as Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection....more
The Mine Safety & Health Administration (“MSHA”) has finally published its final rule on Safety Programs for Surface Mobile Equipment. This final rule has been a long time coming. MSHA originally published a Request...more
2/16/2024
/ Contractors ,
Employer Liability Issues ,
Energy Sector ,
Final Rules ,
Health and Safety ,
Heavy Equipment ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Operators ,
Regulatory Reform ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
The Mine Act of 1977 governs all mine operators, and grants MSHA authority over the industry. While the agency clearly has the power to regulate and inspect active mining operations around the country, its reach has limits,...more
With 2017 behind us, it’s time to look forward to what MSHA has in store for the next year. To close the year, the agency rounded out its leadership with the confirmation of Assistant Secretary Zatezalo and began review of...more
MSHA publishes and distributes information each year on miners’ rights in the workplace. The rights widely broadcast by the agency include the right to report hazards in the workplace to MSHA, to not be discriminated against...more
Recordkeeping requirements such as workplace exams are well-known and often discussed with MSHA inspectors, however these are far from the only records that MSHA requires operators to maintain. On top of knowing which records...more
In the last several years, MSHA has issued 107(A) Imminent Danger orders with increased frequency. On the surface, these orders seem self-explanatory, yet the agency has been moving beyond the common assumption that these...more
Mine operators will not have to comply with MSHA’s much anticipated final rule for the Examinations of Working Places in Metal and Nonmetal Mines by October 2, 2017, as the rule’s effective date was once again delayed....more
MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more
While it remains to be seen whether a formal presidential appointee will be tapped to run the Mine Safety and Health Administration (MSHA), the Trump Administration finally made an influx of leadership decisions for the...more
Mine Safety and Health Administration (MSHA) has a distinctly less ambitious regulatory plan on its plate with the start of the Trump Administration, in line with the campaign promises the President made last year to reduce...more
There are numerous benefits to internal or third-party safety audits. These audits offer operators terrific insight for proactive safety and compliance improvements. But, can these audits be used against an operator…The short...more
Dealing with enforcement isn’t at the top of any operator’s favorite things list. It can be a stressful and concerning experience for even the most seasoned operations. Often companies decide to engage with legal counsel...more
On May 22, 2017, MSHA published another extension of the enforcement effective date for its new rule governing the Examinations of Working Places in Metal and Nonmetal Mines, just one day prior to the initially announced...more
Most, if not all, operators have at one time or another received a 104(A) citation from MSHA. While operators may be aware the basic orders MSHA can issue, such as unwarrantable failures, there are numerous, lesser known...more
MSHA’s published enforcement initiatives and Fatalgrams are an easy place to start when improving mine safety and proactively preparing sites for inspection, especially if you do your research. Reviewing MSHA’s most-cited...more
Under the new leadership taking over in the Trump Administration, the Environmental Protection Agency is acting at an unusually swift pace for a federal regulator in its effort to totally revamp the Obama EPA’s controversial...more
While operators have the right and opportunity to contest any citation or order issued by MSHA, there ways to address concerns with MSHA prior to contest....more
The panel that reviews mine safety and health cases has prevailed in recent federal court filings on the issue of whether it has the legal authority to approve settlements of penalties that MSHA reaches with mining employers....more