On April 18, 2024, the Mine Safety and Health Administration (MSHA) published the long-anticipated final rule on respirable crystalline silica for coal mines and metal and nonmetal mines. As expected, this final rule is a...more
MSHA has posted a template for compliance assistance with the Surface Mobile Equipment Rule. MSHA will begin to enforce the standard on July 17, 2024. The standard does not require operators to submit their plan to the...more
This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the...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
On December 19, 2023, MSHA announced a final rule to have written safety programs for surface mobile equipment (excluding belt conveyers) at surface mines and surface areas of underground mines....more
Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more
Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good...more
In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c)...more
Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of...more
MSHA just held its latest quarterly stakeholder call to put mine operators on notice of points of emphasis and other priorities it will seek to address in the near future, meaning you need to get up to speed if you want to...more
Seyfarth Synopsis: We recently blogged that Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States. Now the federal Mine Safety and Health Administration (MSHA) has...more
Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards. Crystalline silica is a...more
On April 4, 2022, MSHA began a new enhanced enforcement program. Due to the number of fatalities around the country, all citations written under the following standards will be considered and reviewed for a special assessment...more
When the Biden administration announced on September 9 that the Occupational Safety and Health Administration (OSHA) would be issuing a rule requiring employers to ensure its workers are vaccinated against COVID-19 or...more
Just a few short months ago, we would have thought that COVID-19 was almost behind us and that it was only a matter of time before mine operators would no longer have to worry about the spread of the disease at their...more
The Mining Safety & Health Administration (“MSHA”) issued detailed guidance addressing COVID-19. The guidance is tailored toward the mining industry. MSHA describes its mission as working to prevent death, illness,...more
Synopsis: On January 21, 2021, President Biden directed MSHA to consider whether COVID-19 emergency temporary standards (“ETS”) are necessary for coal and metal/non-metal mines, and if so, to issue them “as soon as...more
On March 10, 2021, MSHA issued Guidance on Mitigating and Preventing the Spread of COVID-19. While this guidance is advisory in nature and creates no new legal obligations beyond the MSHA standards and regulations already in...more
One year into the pandemic, MSHA has released new guidance to help miners and operators identify the risks of being exposed to COVID-19 at work and to help them determine appropriate control measures to reduce the risk of...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
The new administration wasted no time in announcing its plan for tackling the COVID-19 pandemic, releasing a roadmap on January 21 on how it plans to address the crisis. The plan includes 12 initial executive actions, many of...more