Tags: Adele Abrams

Manager Dodges Liability for Defective Equipment

Nov 25, 2013

Manager Dodges Liability for Defective Equipment

A recent decision by Administrative Law Judge Manning demonstrates that even where the mine operator has paid the fine for an unwarrantable failure (Section 104(d)) citation or order, it is still possible for the agent of management who was the ...

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Guest Blog: MSHA’s Right to Private Information Expanded

Sep 17, 2013

Guest Blog: MSHA’s Right to Private Information Expanded

The Mine Safety & Health Administration’s (MSHA) broad warrantless rights to inspection mines and to demand information have been further expanded by a new decision of an Administrative Law Judge (ALJ), which builds upon a couple of previous rulings that ...

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Guest Blog: First Amendment Yields to Miners’ Rights under Section 105(c)

Jul 22, 2013

Guest Blog: First Amendment Yields to Miners’ Rights under Section 105(c)

A coal company’s attempt to sue a miner who has a pending Section 105(c) “whistleblower” claim has ended in defeat after MSHA filed a retaliation claim on the miner’s behalf and ALJ Feldman ordered the mine operator to cease and ...

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Guest Blog: ALJ Affirms Driller’s Work Practices

Jun 04, 2013

Guest Blog: ALJ Affirms Driller’s Work Practices

On May 31, 2013, ALJ Rae issued a decision affirming work practices by a contract driller at an aggregates operation that had been challenged by MSHA. In Drilling & Blasting Systems, Inc. (D&B), a single driller had been dispatched to ...

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Guest Blog: FMSHRC redefines “flagrant violation”

May 06, 2013

Guest Blog: FMSHRC redefines “flagrant violation”

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 which now carries a ...

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Keep Safety in Mind

May 01, 2013

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 ...

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GUEST BLOG: Byrd Mine Safety Act: Different Lyrics But Same Old Song

Apr 03, 2013

GUEST BLOG: Byrd Mine Safety Act: Different Lyrics But Same Old Song

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 its emphasis away from ...

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GUEST BLOG: Inspector liability for flawed inspections raises concerns

Mar 06, 2013

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 ...

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GUEST BLOG POST: Aggregates case addresses highwall safety, guarding issues

Feb 05, 2013

GUEST BLOG POST: Aggregates case addresses highwall safety, guarding issues

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 ruling in Allied Stone ...

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Contractor equipment defect citations upheld

Nov 12, 2012

Contractor equipment defect citations upheld

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 increased some ...

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WEBINAR TODAY at 2 p.m. ET: Responding to MSHA/OSHA Document Requests

Oct 18, 2012

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 ...

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ONLINE EXCLUSIVE: Commission addresses ALJ’s reduction of penalties

Oct 01, 2012

ONLINE EXCLUSIVE: Commission addresses ALJ’s reduction of penalties

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 Solicitor," or ...

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