Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
A federal appeals court just gave mine operators a reprieve from its strict new silica rule after temporarily blocking it from going into effect. The Mine Safety and Health Administration (MSHA) had announced on April 9 that...more
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
While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more
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 mid-February, Trump nominated Wayne Palmer to lead the Mine Safety and Health Administration (MSHA) and David Keeling to lead the Occupational Safety and Health Administration (OSHA). While these nominees have been...more
This week, Tina and Warren are joined by their colleague, John Holmes, a labor and employment attorney with extensive experience in MSHA and OSHA matters. In this episode, John shares his insights into the most common types...more
President Donald Trump recently nominated Wayne Palmer to take the reins at MSHA as the Assistant Secretary for Mine Safety and Health. Palmer is currently serving as a part of the Trump transition team within the Department...more
Over the last week, the Trump administration has put forward its nominees for Assistant Secretary for both the Occupational Health and Safety Administration (OSHA) and the Mine Health and Safety Administration (MSHA)....more
As Rep. Lori Chavez-DeRemer braces for a flurry of questions at her confirmation hearing before the Senate Committee on Health, Education, Labor, and Pensions (HELP) on her way to a full Senate vote to become President...more
On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%. The chart below applies to any penalties assessed after January 15,...more
Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more
A frustration mine operators frequently face relates to Mine Safety and Health Administration (MSHA) citations alleging insufficient illumination in work areas. Given the subjective nature of MSHA’s illumination standard,...more
Our firm’s Workplace Safety Practice Group has provided some general perspectives on what employers can expect under the next Trump administration – but it’s time for a deeper dive that OSHA and MSHA safety professionals will...more
As the dust settles on the 2024 Election Cycle and the pundits continue analyzing and dissecting the results, the OSHA/MSHA Team at Conn Maciel Carey draws from decades of experience representing employers during Republican...more
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
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
MSHA announced it will hold a series of stakeholder meetings across the country to share information about the final silica rule issued on April 18, 2024. The first two meetings are scheduled for Arlington, VA on July 10,...more
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
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
The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable...more
The Mine Safety and Health Administration (“MSHA”) released its long-anticipated silica rule on Tuesday, April 16, 2024. (See the rule here) The rule is aimed at reducing miners’ exposure to respirable crystalline silica,...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
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
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