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Mine Safety and Health Administration (MSHA) Workplace Hazards Employer Liability Issues

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

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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

Steptoe & Johnson PLLC

Honoring National Miners Day: MSHA Stakeholder Meeting Overview

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The Mine Safety and Health Administration (MSHA) appropriately held its last stakeholder meeting of 2023 on National Miners Day, which recognizes the Monongah Mine disaster that occurred on December 6, 1907, near Fairmont,...more

Seyfarth Shaw LLP

Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths

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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

Seyfarth Shaw LLP

Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference

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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

Seyfarth Shaw LLP

Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference

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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

Seyfarth Shaw LLP

Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference

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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

Fisher Phillips

Mining for Data: Top 5 Takeaways as Fisher Phillips Introduces the FP Mine Violations Tracker Map

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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

Stoel Rives - Mineral Law

MSHA Announces New Initiative to Enforce Silica Dust Standards

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

Fisher Phillips

Mining MSHA – Understanding Agent Liability

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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

Fisher Phillips

Mining MSHA – What Is Unwarrantable Failure?

Fisher Phillips on

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

Fisher Phillips

Mining MSHA - What Is “Significant And Substantial”?

Fisher Phillips on

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

Fisher Phillips

Mining MSHA – Understanding The Contest Process

Fisher Phillips on

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

Fisher Phillips

Mining MSHA – Revisiting The Conferencing Process

Fisher Phillips on

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

Fisher Phillips

Mining Industry Considerations During COVID-19 Coronavirus Outbreak

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While the world grapples with COVID-19 and its implications for daily life, those in the mining industry may wonder whether the onset of the pandemic presents any MSHA compliance issues. Indeed, unlike its sister agency OSHA...more

Seyfarth Shaw LLP

Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor...more

Seyfarth Shaw LLP

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

Fisher Phillips

Opinion: It’s Time For Mine Safety Agency To Create Voluntary Protection Program

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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

Seyfarth Shaw LLP

MSHA Increases Civil Penalties for 2020

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Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties. The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%.  85 Fed. Reg. 2292 (Jan. 15, 2020)....more

Fisher Phillips

New Year Brings MSHA Focus on Contractor Safety and Compliance

Fisher Phillips on

During the final months of 2019, the Mine Safety and Health Administration (“MSHA”) advised the mining community that it would pay attention to issues involving contractors working at mine sites, noting a disproportionate...more

Fisher Phillips

D.C. Circuit Court of Appeals Provides Little Guidance on MSHA 105(c) Interference Test

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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

Husch Blackwell LLP

MSHA Launches Fire Suppression Safety Initiative

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During its recent quarterly stakeholder call, the Mine Safety and Health Administration announced a new “Fire Suppression Safety Initiative” (FSS) to ensure that fire suppression systems on mobile equipment are in working...more

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

Mine Regulators Seek Comments on Safety Technologies for Mobile Equipment and Conveyors

On August 16, 2018, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) presented a webinar, “Safety Improvement Technologies for Mobile Equipment at Surface Mines, and for Belt Conveyors at Surface...more

Fisher Phillips

Wind of Change: MSHA’s Final Rule Governing Workplace Examinations for Metal and Nonmetal Mines Becomes Effective June 2, 2018

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The changes to MSHA’s workplace examination rule governing metal and nonmetal mines have garnered significant attention. Stakeholders fought back against the original proposed rulemaking, and MSHA delayed implementation three...more

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