News & Analysis as of

Workplace Safety Mining

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

Shedding Light on MSHA’s Illumination Standard

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

Husch Blackwell LLP

MSHA Announces Stakeholder Meetings Regarding New Silica Rule

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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

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

MSHA Releases Final Rule on Respirable Crystalline Silica

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

Conn Maciel Carey LLP

MSHA’s Final Rule for Respirable Crystalline Silica: What is Required and How Long Do Operators Have to Comply?

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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

Jackson Lewis P.C.

MSHA Issues Long Awaited Final Silica Rule

Jackson Lewis P.C. on

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

Conn Maciel Carey LLP

MSHA Respirable Crystalline Silica Rule Clears OMB Review – Final Rule Is Imminent

Conn Maciel Carey LLP on

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

Conn Maciel Carey LLP

MSHA Releases Final Rule: Safety Program for Surface Mobile Equipment

Conn Maciel Carey LLP on

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

Hogan Lovells

Unearthing the unseen: Underground sit-ins epidemic in South African mining

Hogan Lovells on

Mining has long been the backbone of South Africa’s economy. Alongside agriculture, it is the biggest sector of the economy, employing almost half a million people. But beneath its surface lies a growing crisis – the surge in...more

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

MSHA Issues Final Powered Haulage Rule

On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule...more

Steptoe & Johnson PLLC

MSHA’s New Powered Haulage Standard Rule and Implementation

Steptoe & Johnson PLLC on

Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health...more

Husch Blackwell LLP

MSHA Announces Final Rule on Surface Mobile Equipment

Husch Blackwell LLP on

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

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

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

Cozen O'Connor on

The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...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

Fisher Phillips

MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

Fisher Phillips on

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday....more

Husch Blackwell LLP

MSHA Releases Proposed Silica Rule

Husch Blackwell LLP on

MSHA has published the proposed silica rule on their website. Among other things, MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full...more

Stoel Rives - Mineral Law

We Have to Know What We're Doing, Because They Don't Always Get It

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

Stoel Rives - Mineral Law

Wait … What?  A Potentially Dangerous Development in § 105(c) Retaliation Cases

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 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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP on

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

Tides Keep Rising: MSHA Penalties Increase For 2023

Fisher Phillips on

No penalty is a good penalty, but many Department of Labor fines just got worse – including those that can be assessed against mine operators. The agency just published a final rule that increases the maximum civil penalties...more

Fisher Phillips

5 Mine Safety Predictions for 2023

Fisher Phillips on

As the calendar turns to a new year, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change,...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

Fisher Phillips

Mine Operators on Notice: 3 Biggest Takeaways from MSHA’s Latest Quarterly Call

Fisher Phillips on

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

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