Workplace Safety and Health News Alert

Sixth Circuit Affirms Commission’s Finding of Advance Notice of MSHA Inspection Given by Mine Operator in 2012

May 17, 2022

On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022).

Factually, the case involved a situation where MSHA received an…

MSHA Proposes New Rule for Mobile Equipment Safety Plans

September 10, 2021

On September 9, 2021, the Federal Mine Safety and Health Administration (“MSHA”) published a new proposed rule requiring mine operators to develop and implement written safety programs for their powered haulage equipment used at surface mines and surface areas of underground mines (“surface mobile equipment”).

Who is impacted by the proposed rule?

The newly proposed rule applies to both operators…

The U.S. Court of Appeals for the D.C. Circuit Denies UMWA, <em>et al</em>. Writ of Mandamus Action for Emergency Temporary Standards to Address COVID-19

July 23, 2020

In June, the United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to act in response to COVID-19. The petition invoked the extraordinary…

UMWA, <em>et al</em>. Seeks Issuance of Emergency Temporary Standard on COVID-19 from MSHA through Mandamus Action in the U.S. Court of Appeals for the D.C. Circuit

June 25, 2020

The United Mine Workers of America, International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC filed a petition for a writ of mandamus on June 15, 2020, to require the Mine Safety and Health Administration (“MSHA”) to take action in response to COVID-19. Attachment 1  The petition invokes the…

MSHA Quarterly Call April 2020

April 17, 2020

On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…

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

March 20, 2020

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.…

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

January 17, 2020

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…

MSHA ISSUES GUIDANCE LETTER ON UNDERGROUND REFUGE LOCATIONS

August 19, 2019

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

June 14, 2019

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 CONTINUES HOLDING STAKEHOLDER MEETINGS TO INFORM METAL/NONMETAL MINE OPERATORS OF THE NEW WORKPLACE EXAMINATION RULE

May 31, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 11
©2018 Jackson Kelly PLLC

On May 31, 2018, the Mine Safety and Health Administration (“MSHA”) held its final in-person Stakeholder Meeting regarding the new Examinations of Working Places rule for Metal/Nonmetal Mine Operators in Denver, Colorado.  The new rule is effective tomorrow, June 2, 2018.  MSHA personnel from…

MSHA SCHEDULES ADDITIONAL COMPLIANCE ASSISTANCE MEETINGS FOR M/NM WORKPLACE EXAM FINAL RULE

April 18, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 7
©2018 Jackson Kelly PLLC

As most metal/nonmetal mine operators know by now, the Mine Safety and Health Administration (“MSHA”) published the Final Rule amending requirements for workplace examinations on April 9, 2018. The substance of the Final Rule is discussed in a previous Jackson Kelly news alert, which is available…

HAPPY NEW YEAR! OSHA AND MSHA PENALTIES ARE INCREASING

January 2, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 1
©2018 Jackson Kelly PLLC

In accordance with the Federal Civil Penalties Inflation Adjustment Act, the Occupational Safety and Health Administration (“OSHA”), the Mine Safety and Health Administration (“MSHA”), and several other U.S. Department of Labor civil penalties are increasing.  This yearly inflation adjustment, an…