With the January 2025 return of President-elect Donald Trump to the White House, mine operators can expect the Mine Safety and Health Administration (MSHA) to undergo a transition in 2025.
Articles Discussing Health And Safety In Mining.
How to Effectively Utilize the MSHA Closeout Conference
Mine safety attorneys sometimes hear from mine operators who are in the midst of a difficult Mine Safety and Health Administration (MSHA) inspection. They share how they plan to push back in one of two ways in the short term.
Operators’ and Miners’ Rights Under the Federal Mine Safety and Health Act
A lot of training and informal instruction regularly takes place to ensure miners are fully aware of their miners’ rights under the Federal Mine Safety and Health Act.
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, mine personnel sometimes feel inspectors make it up as they go. For instance, a quarry manager several years ago was so
How a Game-Changing Supreme Court Decision Affects MSHA
Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law. Of course, when operators speak of “administrative law,” the focus is on the
Understanding MSHA’s Impact Inspections
This may say more about how we spend our free time, but we pay considerable attention to the Mine Safety and Health Administration’s (MSHA) monthly press releases about their impact inspection results.
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 significant change from the existing standard. Even prior to this final rule, MSHA had been
MSHA Issues Long Awaited Final Silica Rule
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, otherwise known as silica or quartz dust. The final version of the rule is mostly consistent with
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 applies to mobile equipment at surface mines and the surface areas of underground mines.
Where MSHA and the Mining Industry Are as 2023 Comes to an End
As we close out 2023 and look to 2024, the time is right to take stock of developments in mine safety and health law over the past year and consider what may be on the horizon.
Five MSHA Standards to Watch Out For
Many Mine Safety and Health Administration (MSHA) safety standards are front and center for operators because they deal with them daily.
MSHA Jurisdiction May Extend Beyond Mine Property—But How Far?
On August 1, 2023, the U.S. Court of Appeals for the District of Columbia Circuit vacated a Federal Mine Safety and Health Review Commission (FMSHRC) decision holding that the Mine Safety and Health Administration (MSHA) lacked jurisdiction to issue citations at a trucking company’s facility located more than one mile
MSHA’s Proposed Respirable Crystalline Silica Standard
The Mine Safety and Health Administration’s silica rulemaking process has entered a significant new phase with the long-awaited issuance of a proposed rule: “Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection.”
Taking Steps Toward Mine Safety
Case decisions and Mine Safety and Health Administration enforcement trends are the subject areas that tend to have the biggest impact on the compliance activities of mine operators and on the work of attorneys who focus on mine safety legal issues. But the one topic that currently has everyone’s attention
What Mine Operators Need to Know About Penalty Assessments
Every January, Mine Safety and Health Administration (MSHA) civil penalties typically increase in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990. This year has been no exception.