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…

MSHA PROGRAM POLICY LETTER ON ESCAPEWAYS AND REFUGES CANCELLED

May 28, 2020

On May 27, 2020, the Mine Safety and Health Administration (“MSHA”) unceremoniously canceled the Program Policy Letter (“PPL”) published on July 29, 2019, intended to clarify requirements in 30 C.F.R. § 57.11050.  https://www.govinfo.gov/content/pkg/FR-2020-05-27/pdf/2020-11300.pdf.  The stated intent of the PPL was to provided metal/nonmetal underground mine operators with guidance on placement of…

COVID-19 Mine Worker Protection Act Introduced in United States Senate

May 18, 2020

On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or…

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…

West Virginia Suspends Regulations Related to Pre-Employment and Random Breath Tests

April 7, 2020

On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.

Governor Jim Justice declared a statewide State of…

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 CONSIDERING RULEMAKING TO REQUIRE NEW TECHNOLOGY FOR POWERED HAULAGE

April 30, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 9
©2018 Jackson Kelly PLLC

On April 30, 2018, the Mine Safety and Health Administration (“MSHA”) held its quarterly stake holders call and discussed powered haulage.  The call focused on three specific areas where mining fatalities occurred related to powered haulage:  large vehicles running over small vehicles, seatbelt…

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…

MSHA UNVEILS LATEST FINAL VERSION OF WORKPLACE EXAMINATION RULE

April 5, 2018

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 6
©2018 Jackson Kelly PLLC

Today, the Mine Safety and Health Administration ("MSHA") made available for public viewing its latest Final Rule on Examinations of Working Places in Metal and Nonmetal Mines.  The Rule, which will be published in the Federal Register on Monday, April 9, revises the existing Workplace Examination…