Aggregates Zone

Regulatory Roundup

Equipment defect citation vacated in ‘ready line’ case

- April 2012

Image with no title
    On April 1, 2012, the Mine Safety and Health Administration (MSHA) launched phase three of its "Rules to Live By" campaign, which now includes six additional standards for metal/non-metal mines ...

FMSHRC Affirms Widening Scope of Persons Who Can Be Prosecuted Under Section 110(c)

- April 2012

Image with no title
    The run of bad cases that has resulted in expanding the universe of individuals who can be civilly fined (and criminally prosecuted) as “agents of management” has continued, in a ...

Paying the Piper May Become More Difficult

- March 2012

Image with no title
    A few new developments suggest that Mine Safety and Health Administration (MSHA) civil penalties — which increased enormously starting in 2007 when MSHA’s final rule eliminated the “single penalty” fine ...

DOL regulatory agenda holds a few surprises

- January 2012

Image with no title
On Jan. 20, 2012, the U.S. Department of Labor (DOL) released its “Fall 2011” semi-annual regulatory agenda, covering the Mine Safety and Health Administration (MSHA) and Occupational Safety and Health ...

New mine safety legislation could lead to bipartisan action

- January 2012

Image with no title
            With the New Year comes a new round of legislative proposals affecting mine safety and health. Although legislative action was limited in 2011 largely to oversight hearings concerning the Occupation ...

E-news exclusive: Is the federal gas tax obsolete?

- December 2011

Image with no title
The 1970s marked the first time Americans rushed in a panic to buy fuel-efficient foreign import automobiles. Long lines at gas stations caused by the 1973 Arab oil embargo ...

MSHA Flagrant Violation Policy Invalidated

- December 2011

Image with no title
A stunning ruling from an Administrative Law Judge (ALJ) on Nov. 28, 2011, has undercut the legitimacy of the Mine Safety and Health Administration's (MSHA) use of “flagrant penalties” against mine ...

No Equal Access to Justice Act Fees for Case Resolved Before Trial

- November 2011

Image with no title
It seems that at least several times a month, I am asked by small mine operators if they win a case whether they are entitled to recover their attorney fees ...

One Step Forward, Two Steps Back

- October 2011

by Adele L. Abrams, Esq., CMSP Just when it seems that reason is being injected into the mine safety litigation process, a decision is issued that sets such efforts back significantly. ...

Federal Mine Safety & Health Review Commission addresses contractor liability issues

- August 2011

Image with no title
  by Adele L. Abrams, president of the Law Office of Adele L. Abrams P.C. One of the more frustrating legal issues confronting those in the mining industry has been the application ...
older stories >>