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…
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…
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…
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…
November 9, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 23
©2017 Jackson Kelly PLLC
Metal/non-metal operators are reminded that the deadline for submitting comments in response to the Mine Safety and Health Administration’s (“MSHA”) Proposed Amendments to the Final Rule on Workplace Examinations is Monday, November 13, 2017.
The Final Rule, which seeks to significantly alter the…
October 3, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 21
©2017 Jackson Kelly PLLC
According to documents currently available for public inspection, the Mine Safety and Health Administration (“MSHA”) will extend the effective date of the Final Rule on Workplace Examinations for metal/non-metal mines to June 2, 2018. The Workplace Examination standard that existed prior to…
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…
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…
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…
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…
November 9, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 23
©2017 Jackson Kelly PLLC
Metal/non-metal operators are reminded that the deadline for submitting comments in response to the Mine Safety and Health Administration’s (“MSHA”) Proposed Amendments to the Final Rule on Workplace Examinations is Monday, November 13, 2017.
The Final Rule, which seeks to significantly alter the…
October 3, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 21
©2017 Jackson Kelly PLLC
According to documents currently available for public inspection, the Mine Safety and Health Administration (“MSHA”) will extend the effective date of the Final Rule on Workplace Examinations for metal/non-metal mines to June 2, 2018. The Workplace Examination standard that existed prior to…
