Tags: Adele Abrams

MSHA helps miners get temporary job reinstatements after discrimination complaints

Sep 04, 2012

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 ...

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Appeals court reverses FMSHRC on temporary reinstatement

Sep 04, 2012

Appeals court reverses FMSHRC on temporary reinstatement

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) — but who availed himself ...

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When is an accident ‘immediately reportable?’ A judge weighs in…

Jul 31, 2012

When is an accident ‘immediately reportable?’ A judge weighs in…

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 MINER Act ...

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MSHA’s “Voices in the Workplace” project solicits comments, due July 12

Jul 11, 2012

MSHA’s “Voices in the Workplace” project solicits comments, due July 12

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 some may ...

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Commission approves expansive reach of MSHA document requests

Jun 02, 2012

Commission approves expansive reach of MSHA document requests

In the current Administration, both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) have fixated on the issue of determining whether employers are underreporting injuries and occupational illnesses. This has lead to certain ...

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Equipment defect citation vacated in ‘ready line’ case

Apr 30, 2012

Equipment defect citation vacated in ‘ready line’ case

    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 that will be aggressively enforced, presumptively "significant and substantial" (S&S), ...

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New mine safety legislation could lead to bipartisan action

Jan 02, 2012

New mine safety legislation could lead to bipartisan action

            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 Safety and Health Administration (OSHA) and the Mine Safety and ...

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MSHA Flagrant Violation Policy Invalidated

Dec 02, 2011

MSHA Flagrant Violation Policy Invalidated

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 operators. The order by ALJ Feldman in Conshor Mining LLP has ...

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

Nov 01, 2011

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

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 and expenses from the Mine Safety and Health Administration (MSHA). This ...

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Registration open for MSHA whistleblower provisions webinar – Oct. 12

Oct 03, 2011

Registration is open for the National Stone, Sand & Gravel Association's (NSSGA) next committee webinar addressing MSHA whistleblower provisions. Whistleblower protection has gained priority status with the DoL for safety, health, and environmental complaints filed by miners, employees at OSHA-regulated ...

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

Aug 01, 2011

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

  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 Coal Co., holding that the company was entitled to seek ...

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ALJ weighs in on operator’s side in scale dispute

Jul 01, 2011

ALJ weighs in on operator’s side in scale dispute

by Adele L. Abrams, Esq., CMSP         For the second time in less than a year, an Administrative Law Judge has held that the Mine Safety Administration (MSHA) failed to demonstrate there were hazards of having haul trucks overturn from an unbermed ...

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