Jackson Kelly PLLC

Workplace Safety and Health News Alert

Metal/Nonmetal Mines

COMING SOON: COVID-19 GUIDANCE REGARDING PART 46 AND PART 48 ANNUAL REFRESHER TRAINING

For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC


The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training.  While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…

RESPONDING TO THE COVID-19/CORONAVIRUS OUTBREAK: WHAT MINE OPERATORS NEED TO KNOW

For clients and friends of Jackson Kelly PLLC
Volume 16, Number 3
©2020 Jackson Kelly PLLC

The novel coronavirus, frequently referred to as “COVID-19,” has been declared a pandemic by the World Health Organization (“WHO”).  The U.S. Centers for Disease Control and Prevention (“CDC”) has issued and continues to update its guidance on means and methods that the public should be employing…

MSHA INCREASES CIVIL PENALTY AMOUNTS AND SETS NEW RULES FOR ELECTRONIC DETONATORS IN METAL/NONMETAL MINES

For clients and friends of Jackson Kelly PLLC
Volume 16, Number 1
©2020 Jackson Kelly PLLC

Federal mine regulators started off 2020 with a few New Year’s Resolutions of their own.  January was a busy month for the Mine Safety and Health Administration (“MSHA”) in the Federal Register, the publication used by federal agencies to announce new or changing standards.  This month, MSHA…

COMMISSION CLARIFIES STANDARDS FOR JUDICIAL REVIEW OF PROPOSED SETTLEMENT AGREEMENTS

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 7
©2019 Jackson Kelly
PLLC

The Federal Mine Safety and Health Review Commission (“Commission”) handed down a decision on September 30, 2019, which served to clarify earlier rulings regarding how much independence the Secretary of Labor’s (“Secretary”) Solicitors have in crafting and offering settlement agreements for Mine…

MSHA WORKPLACE EXAMINATION RULE: IT IS SO 2017!

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 6
©2019 Jackson Kelly PLLC

After years of back and forth, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the Mine Safety and Health Administration (“MSHA”) is now gearing up for enforcement of the 2017 Final Rule commencing on or about December 30, 2019.  The 2017 Final Rule is…

MSHA ISSUES GUIDANCE LETTER ON UNDERGROUND REFUGE LOCATIONS

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 5
©2019 Jackson Kelly PLLC

 

On July 29, 2019, the Mine Safety and Health Administration (“MSHA”) published a Program Policy Letter (“PPL”) and request for comments in the Federal Register. (84 Fed. Reg. 36623). It is important to note that this letter was intended as interpretive guidance to existing policy and not a…

MSHA WORKPLACE EXAMINATION RULE: D.C. CIRCUIT COURT OF APPEALS WALKS BACK THE 2018 RULE

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 4
©2019 Jackson Kelly PLLC


After years of back and forth, public hearings, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the D.C. Circuit  Court of Appeals struck down MSHA’s currently enforced 2018 Workplace Examination Rule on June 11, 2019, in a challenge brought by…

MSHA SPRING 2019 SEMI-ANNUAL REGULATORY AGENDA

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 3
©2019 Jackson Kelly PLLC

The Office of Information and Regulatory Affairs released the Spring 2019 semi-annual regulatory agenda for the Mine Safety and Health Administration (“MSHA”) on May 22, 2019. 

In the Pre-Rule Stage for MSHA:

  • A request for information (“RFI”) on respirable Crystalline Silica to both the coal and…

LAURA E. BEVERAGE TO PRESENT AT THE 2019 NEW MEXICO MINE HEALTH & SAFETY CONFERENCE

Laura E. Beverage, Esq. will be presenting "Update on Agent Liability Under Section 110(c) of the Mine Act" at the 2019 New Mexico Mine Health & Safety Conference in Albuquerque, New Mexico on Thursday, May 9, 2019.

Laura established the Firm’s Denver, Colorado office in 1993 and represents general industry, construction, and mining clients on compliance issues, policy, legislative,…

MSHA TO UNDERTAKE PHASE TWO OF THE "ONE MSHA" INITIATIVE

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 1
©2019 Jackson Kelly PLLC

Soon after his confirmation, David Zatezalo, the Assistant Secretary of Labor, MSHA, began laying out his vision for MSHA under his leadership.  A key aspect of his vision is “One MSHA,” a mission to eliminate the historical separation within MSHA between metal/nonmetal mines and coal mines.  In…

A NEW YEAR'S RESOLUTION: PUSH FOR REFORM WITHIN MSHA

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 16
©2018 Jackson Kelly PLLC

As 2018 comes to a close and we look to the start of a new year, many Americans are thinking about their New Year’s resolutions.  The top resolution among mine operators should be to push for meaningful agency reform within the Mine Safety and Health Administration (“MSHA”).  With the current…

UPDATES FROM MSHA'S QUARTERLY CALL

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 15
©2018 Jackson Kelly PLLC

On Wednesday, October 17, 2018, the Mine Safety and Health Administration (“MSHA”) held its quarterly stakeholders’ call.  After the introductory remarks from MSHA’s Assistant Secretary for Mine Safety and Health David G. Zatezalo, the call focused on updates regarding safety education and…

 

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