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
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
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
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
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 Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more
1/30/2017
/ Coal Mines ,
Employee Rights ,
Enforcement ,
Handbooks ,
Mine Act ,
Mine Safety and Health Administration (MSHA) ,
MSHA ,
Operators ,
Safety Inspections ,
Webinars ,
Workplace Investigations ,
Workplace Safety
What has evolved (or devolved) into perhaps the most controversial election in American history, could translate in a couple of months into a whirlwind for labor and workplace safety policy. Stark differences between the...more
In just a couple of weeks, we will have the opportunity to enter the voting booth, and cast a ballot to elect the next President of the United States. The platforms and proposed polices of the candidates are more divergent...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
Last week, MSHA released its Proposed Rule for the Examinations of Working Places in Metal and Nonmetal Mines in the Federal Register, the Proposed Rule was formally published on June 8, 2016. The Proposed Rule addresses...more
Mine operators can look to MSHA’s 2015 enforcement data to identify patterns in the most frequently cited safety and health violations, making it easier to avoid costly citations and possible long-term legal ramifications....more