Aggregates Zone

On Review

Equipment defect citation vacated in ‘ready line’ case

- April 2012

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    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

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    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

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    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

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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

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            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 ...

MSHA Flagrant Violation Policy Invalidated

- December 2011

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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 ...

Product Review

- November 2011

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Unit Rig mining trucks have ‘market compatibility’ with the existing Cat product line.

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

- November 2011

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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 ...

Federal Mine Safety & Health Review Commission addresses contractor liability issues

- August 2011

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  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 ...

Court of Appeals Rules Section 103(k) Orders Can Be Challenged

- August 2011

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  by Adele L. Abrams, Esq., CMSP On June 10, 2011, the U.S. Court of Appeals, D.C. Circuit, overruled the Federal Mine Safety and Health Review Commission (FMSHRC) in the case of Performance ...