Total Articles: 44
Ogletree Deakins • August 29, 2017
Secretary of Labor Alexander Acosta recently announced his appointment for the new interim Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA). Wayne D. Palmer, who was formerly chief of staff to Secretary Acosta will serve as acting head of the agency until the confirmation of a Trump administration nominee as assistant secretary. He will also serve as the agency’s deputy assistant secretary.
Jackson Lewis P.C. • August 08, 2017
The Mine Safety and Health Administration has announced that, for the third consecutive year, none of the nation’s more than 13,000 mining operations met the criteria for a Pattern of Violations (POV) notice, which would trigger a temporary ceasing of operations.
Jackson Lewis P.C. • July 13, 2017
The Mine Safety and Health Administration said that it is re-launching its annual Preventive Roof/Rib Outreach Program (PROP) to expand awareness among coal miners and mine operators of roof and rib fall hazards.
Jackson Lewis P.C. • July 06, 2017
The Mine Safety and Health Administration has issued a serious accident alert on handling dangerous chemicals, recommending best practices.
Jackson Lewis P.C. • June 22, 2017
Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA has announced.
Ogletree Deakins • May 25, 2017
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced on May 22, 2017, that it is extending the effective date of the agency’s Final Rule on Examinations of Working Places in Metal and Nonmetal Mines until October 2, 2017. This is the second extension of the rule’s effective date; MSHA’s initial extension was made earlier this year. According to MSHA’s press release, this extension will “allow additional time for MSHA to provide training and compliance assistance for its stakeholders.”
Jackson Lewis P.C. • May 24, 2017
The Mine Safety and Health Administration issued a “close call accident alert” after a structural failure at a sand and gravel mine.
Jackson Lewis P.C. • May 17, 2017
Jackson Lewis P.C. • May 09, 2017
The Mine Safety and Health Administration has issued a “close call alert” after a tractor trailer contacted an overhead ground wire after dumping a load of gravel, causing significant damage, but no injuries.
Jackson Lewis P.C. • April 26, 2017
The Mine Safety and Health Administration has issued a safety alert on preventing accidents at mines from miners falling.
Ogletree Deakins • April 26, 2017
The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder teleconference on April 25, 2017. The call served three purposes: (1) It provided an update to the timeline of the agency’s final Examinations of Working Places in Metal and Nonmetal Mines rule, amending 30 C.F.R. Sections 56.18002 (surface) and 57.18002 (underground). (2) It discussed several recent fatalities and injuries suffered by miners working alone and suggested best practices for avoidance of known hazards in this context. (3) It reviewed first quarter serious injuries and fatalities in both the coal and metal/nonmetal sectors.
Jackson Lewis P.C. • April 18, 2017
The Mine Safety and Health Administration has issued a safety alert advising employers to take precautions when storing, handling, transporting, and using explosives and detonators in underground coal mines near energized equipment or electrical systems. These include communications and tracking system infrastructure, electronic components worn or carried by miners, and the like.
Jackson Lewis P.C. • April 12, 2017
The Mine Health and Safety Administration has released a serious accident alert in the wake of an accident involving a haul truck driver in the metal and nonmetal mine industry.
Jackson Lewis P.C. • April 04, 2017
After the deaths of 29 miners over the past decade from falls in metal and nonmetal mines, the Mine Safety and Health Administration has issued a safety alert on reducing the risk of dangerous falls, reminding employers of best practices.
Ogletree Deakins • March 29, 2017
On March 27, 2017, the Mine Safety and Health Administration (MSHA) issued a proposed rule to delay the effective date for its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines from May 23, 2017, to July 24, 2017. The May 23 effective date of the final rule will remain in place until MSHA’s proposed rule becomes final.
Jackson Lewis P.C. • March 15, 2017
The Mine Safety and Health Administration will award up to $1 million in new grants for education and training programs to help identify, avoid, and prevent unsafe working conditions at mines in the United States as part of a plan in place since 2006.
Jackson Lewis P.C. • February 23, 2017
The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents.
Ogletree Deakins • February 15, 2017
On January 23, the Mine Safety and Health Administration (MSHA) issued its Final Rule for Examinations of Working Places in Metal and Nonmetal Mines. In light of the White House’s regulatory freeze on new rules, questions have arisen as to whether the effective date for this final rule would be delayed 60 days, into July.
Jackson Lewis P.C. • February 08, 2017
Examinations of working places should be conducted before miners begin work in those places and miners should be notified of hazardous conditions found during examinations, the Mine Safety and Health Administration has announced in a final rule amending existing standards to improve the quality of working place examinations in metal and nonmetal mines. The final rule takes effect on May 23, 2017.
Jackson Lewis P.C. • February 01, 2017
The Mine Health and Safety Administration has issued a “safety hazard alert” on the dangers involved when the parking brake of a high-volume, brake-release pump, the A.L. Lee Corporation Man Trip Model RRB-15V, was unintentionally released and went “into a runaway condition.”
Jackson Lewis P.C. • January 25, 2017
Noting that 51 coal miners have been fatally injured in accidents involving machinery and powered haulage equipment over the past six-and-a-half years, the Mine Safety and Health Administration has released “Take Pride in Your Ride,” a safety alert focused on machinery.
Ogletree Deakins • January 23, 2017
On January 23, the Mine Safety and Health Administration (MSHA) will publish in the Federal Register a Final Rule on Examinations of Working Places in Metal and Nonmetal Mines, amending 30 C.F.R. § 56.18002 (Surface) and § 57.18002 (Underground). The final rule contains major amendments to the existing standards that will impose substantial administrative burdens on mine operators and create new risks of heightened enforcement against operators and supervisors.
Jackson Lewis P.C. • December 07, 2016
The Mine Safety and Health Administration has issued an advisory warning to mine operators and employees about the dangers of hand injuries.
Jackson Lewis P.C. • November 30, 2016
Fiscal year 2016 saw a record low number of mining deaths, the Mine Safety and Health Administration has reported. The agency also continues to encourage the mining community “to reach zero mining deaths.”
Jackson Lewis P.C. • November 17, 2016
The Mine Safety and Health Administration has issued an electrical safety alert after several miners were injured in underground coalmine accidents.
Jackson Lewis P.C. • November 10, 2016
Static electricity during vacuum operations can result in accidents such as shock hazards, explosions, and secondary injuries from falls due to shock, the Mine Safety and Health Administration has warned in a safety alert for vacuum trucks.
Jackson Lewis P.C. • October 20, 2016
The Mine Safety and Health Administration has issued a safety alert urging miners to buckle their seat belts while operating mobile equipment.
Jackson Lewis P.C. • October 04, 2016
In the wake of three deaths over the past year involving mine equipment and machinery, the Mine Health and Safety Administration has issued a safety alert to prevent mining accidents: “Blocking Against Motion.”
Jackson Lewis P.C. • September 23, 2016
Working around, over, or near water is a safety hazard that may result in entrapment and drowning, the Mining Safety and Health Administration has warned in a hazard alert.
Jackson Lewis P.C. • September 15, 2016
Special impact inspections in July that covered 13 states resulted in 161 citations, the Mine Safety and Health Administration has announced. This is a 41-percent increase from the 114 citations issued the previous month.
Jackson Lewis P.C. • September 08, 2016
The public will have until November 30, 2016, to submit comments on the Mine Safety and Health Administration’s Request for Information on the agency’s strategies for controlling and monitoring exposure of underground miners to diesel exhaust.
Jackson Lewis P.C. • August 22, 2016
The Mine Safety and Health Administration has announced that 99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower levels of dust. It said that this proves the “significantly positive impact” of its coal dust sampling rule, published in 2014.
Jackson Lewis P.C. • July 06, 2016
The mining industry faces a conundrum over the Mine Safety and Health Administration’s Request for Information (RFI) for industry data and experiences accumulated by underground mine operators over the past 15 years. MSHA’s diesel particulate matter (DPM) rules require operators to maintain the information.
Jackson Lewis P.C. • June 21, 2016
The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among Metal/Non-Metal (M/NM) miners, and a Request For Information (RFI) on approaches to reduce the potential for adverse health effects from exposure to diesel exhaust in miners who work underground.
Jackson Lewis P.C. • June 14, 2016
The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a roster of its employees. However, two commissioners dissented, asserting the government trampled on the operator’s constitutional rights. Sec’y of Labor – MSHA v. Warrior Coal, LLC, Docket Nos. KENT 2011-1259-R, 2011-1260-R and 2012-705 (May 17, 2016).
Ogletree Deakins • June 08, 2016
The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002 (Underground). The amended regulation, “Examinations of Working Places in Metal and Nonmetal Mines,” will add new recordkeeping and training requirements for operators that will potentially expand enforcement liability for supervisors on mine property. The proposed rule will require (1) that a competent person conduct a workplace examination before work is conducted in a working place; (2) that an examination record be completed before the end of each shift; (3) that mine operators promptly alert miners regarding any identified hazardous conditions; and (4) that the examination record include a description of locations examined, conditions found, and corrective actions taken. MSHA’s Assistant Secretary of Labor Joe Main announced the proposed rule at a stakeholders meeting at the agency’s Arlington, Virginia headquarters this morning. The proposed rule would not change the definition of “competent person” and “working places.”
Jackson Lewis P.C. • June 08, 2016
At a stakeholder meeting today at its Arlington, VA headquarters, MSHA announced dramatic new changes to requirements that metal/non-metal mine operators conduct workplace examinations each shift. The official publication of the proposed rule in the Federal Register will launch a 90-day comment period that will include four public hearings around the country. Mine operators are sure to weigh in with concerns over the potential risks, challenges, and costs created by the rule. Read on for a full summary and analysis…
Jackson Lewis P.C. • June 07, 2016
Convinced that the tough enforcement action brought against a West Virginia coal operator by an inspector for the Mine Safety and Health Administration was influenced by a long-standing grudge the inspector held toward the operator’s foreman, a judge has reduced the seriousness of some alleged violations, thrown out others, and cut the proposed penalty by 73 percent.
Jackson Lewis P.C. • June 01, 2016
Noting that 2015 was the safest year ever in the U.S. mining industry, the Mine Safety and Health Administration nonetheless has rolled out a new safety initiative, Rules to Live By (RTLB) IV.
Jackson Lewis P.C. • May 18, 2016
According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the companies’ investigation of a fatal mine accident from their regulatory authority.
Jackson Lewis P.C. • May 02, 2016
A government attorney agreed with opposing counsel that the Mine Safety and Health Administration had not justified a proposed 127 percent increase in fines against an Illinois coal operator. The two sides disagreed, however, on the remedy to correct the situation.
Jackson Lewis P.C. • April 22, 2016
Two coal mines in Appalachia received no citations while four other coal operations in that region, along with an Indiana cement plant, were tagged with alleged infractions in the double digits by the Mine Safety and Health Administration during an impact inspection sweep in February. Ten coal mines and five metal/non-metal facilities in nine states were visited during the month.
Jackson Lewis P.C. • April 06, 2016
A drill operator need not to be inside the cab of his drill at all times to comply with a mine safety standard stating that drills in operation “shall be attended at all times,” the Federal Mine Safety and Health Review Commission has ruled, upholding a judge’s ruling vacating citations against contractor Drilling and Blasting Systems, Inc. (D&B). Sec’y of Labor v. Drilling and Blasting Systems, Inc., No. SE 2012-510-M (Feb. 22, 2016).
Jackson Lewis P.C. • March 22, 2016
The Mine Safety and Health Administration has issued an alert calling attention to hazards associated with handling plastic pipe at Metal/Non-Metal (M/NM) mines.