July 5, 2023
On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all…
August 11, 2022
In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.…
August 10, 2022
On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site…
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…
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…
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…
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…
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…
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…
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…
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…
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…
July 5, 2023
On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all…
August 11, 2022
In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.…
August 10, 2022
On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site…
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…
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…
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…
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…
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…
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…
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…
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…
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…
