Tags: Adele Abrams
Guest Blog: FMSHRC redefines “flagrant violation”
Adele Abrams, Esp., CMSP
In a precedential decision, the Federal Mine Safety & Health Review Commission (FMSHRC) has reversed an Administrative Law Judge’s ruling and, in doing so, expands the scope of what can be deemed a “flagrant violation”--a category ... Read More...
Keep Safety in Mind
by Therese Dunphy, Editor-in-Chief
tdunphy@randallreilly.com
According to data released by the Mine Safety and Health Administration (MSHA), 2012 had the lowest fatality rate in the history of U.S. mining, with 0.0107 deaths per 200,000 hours worked and a reportable injury rate of ... Read More...
GUEST BLOG: Byrd Mine Safety Act: Different Lyrics But Same Old Song
Adele Abrams, Esp., CMSP
It's Ba-ack! On March 17, Rep. George Miller (D-Calif.) and 17 other democratic co-sponsors introduced HR 1373, the Robert C. Byrd Mine Safety Protection Act of 2013, a revised version of last session's model that refocuses ... Read More...
GUEST BLOG: Inspector liability for flawed inspections raises concerns
by Adele L. Abrams, Esq., CMSP
What could be worse than having the Mine Safety and Health Administration (MSHA) show up to conduct a hazard complaint-based inspection? Having this occur where the inspectors themselves can be held personally liable if they ... Read More...
GUEST BLOG POST: Aggregates case addresses highwall safety, guarding issues
Adele Abrams, Esp., CMSP
Two of the more subjective standards that are commonly cited by the Mine Safety and Health Administration (MSHA) concern appropriate guarding of moving machine parts and stability of highwalls at aggregate operations. In a January 2013 ... Read More...
Contractor equipment defect citations upheld
Adele Abrams
An independent contractor charged with three alleged violations of Mine Safety and Health Administration (MSHA) equipment standards has been found guilty by ALJ Margaret Miller on Oct.12, 2012, and the ALJ, in accordance with her frequent practice, also ... Read More...
WEBINAR TODAY at 2 p.m. ET: Responding to MSHA/OSHA Document Requests
Adele Abrams, Law Office of Adele Abrams, PC, IMA-NA associate and exclusive columnist on Aggregates Manager's website and e-newsletter, AggMan e-News, will present a webinar on "Responding to MSHA/OSHA Document Requests."
This webinar will address the new FMSHRC ruling governing ... Read More...
ONLINE EXCLUSIVE: Commission addresses ALJ’s reduction of penalties
Adele Abrams
When a mine operator does not get the relief sought during negotiations with attorneys representing the Mine Safety and Health Administration (MSHA) who are employed by a separate agency within the Department of Labor, the “Office of the ... Read More...
MSHA helps miners get temporary job reinstatements after discrimination complaints
The Mine Safety and Health Administration (MSHA) says it has stepped up its efforts to educate miners about their safety and health rights, promptly and thoroughly investigate discrimination complaints, and take legal action with the help of department attorneys, which ... Read More...
Appeals court reverses FMSHRC on temporary reinstatement
Adele Abrams, Esq., CMS
On Aug. 14, 2012, the U.S. Court of Appeals for the Sixth Circuit issued its long-awaited ruling on the issue of whether a miner whose complaint was dismissed by the Mine Safety and Health Administration (MSHA) — ... Read More...
When is an accident ‘immediately reportable?’ A judge weighs in…
Adele Abrams
A pair of recent decisions show how complex it can be to analyze whether an incident is immediately reportable, and whether the $5,000 mandatory minimum penalty has any latitude for lower penalties in light of mitigating circumstances.
Under the ... Read More...
MSHA’s “Voices in the Workplace” project solicits comments, due July 12
Adele Abrams
A project by the Mine Safety and Health Administration (MSHA) to elicit input from workers in mining workplaces is underway, and the agency has solicited comment on the initiative, as well as on a 50-plus question survey that ... Read More...
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