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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
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
During this webinar we will explore the various types of MSHA investigations, including the more common “Accident” and “Hazard Complaint” investigations, as well as those performed by its Special Investigations Department,...more
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
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
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
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
As MSHA continues to issue citations and orders, it is essential that mine operators are aware of their contest rights. Just as important, operators need to know how to contest MSHA issuances while adhering to contest process...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
As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more
Regular MSHA inspections (aka E01 inspections) are commonplace for mines – an average of two to four inspections per year for surface and underground operations respectively. Yet, MSHA has in its arsenal a host of other...more
Independent contractors are a vital element to the mining industry. Mine operators call upon their expertise daily at mines around the country. But what happens when an independent contractor arrives at your mine site? This...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