February 22, 2010
Location: Washington, D.C.
Sponsors: The Energy and Mineral Law Foundation and the U.S. Department of Labor
Information & registration: www.emlf.org/Content/safety_10.aspx
The first day of the program covers the civil penalty case backlog resulting from operator contests of MSHA enforcement actions; mine plan approvals; reform of the MSHA respirable dust program, and MSHA enforcement – inspection issues: (1) 103(j) and (k) orders and accident reporting, (2) handling document requests during routine inspections, and (3) documenting the scene for litigation.
The second day includes an industry perspective on advances in mine safety and health, a primer on Section 105(c) complaints and temporary reinstatement, and a second session on MSHA enforcement – litigation issues: (1) developments in the law of Significant and Substantial, Unwarrantable Failures and Part 100 criteria; (2) Flagrant Violations and defenses and (3) use of the Pattern of Violations process.
After lunch on Wednesday, March 24, the Federal Mine Safety and Health Review Commission, sitting in special session at the USDOL auditorium, will hear oral arguments in Secretary of Labor v. Eastern Associated Coal Corp., with Edward Waldman for the Secretary and Hank Moore for Eastern Associated Coal, the issue being whether the Administrative Law Judge erred in finding that a violation of roof control requirements was not caused by the operator’s “unwarrantable failure” to comply.