Tags: Adele L. 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: 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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MSHA’s “Voices in the Workplace” project solicits comments

Jul 02, 2012

MSHA’s “Voices in the Workplace” project solicits comments

The Mine Safety and Health Administration (MSHA) project 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 find controversial. The ...

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Federal Mine Safety & Health Review Commission addresses contractor liability issues

Aug 30, 2011

Federal Mine Safety & Health Review Commission addresses contractor liability issues

  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 of the Mine Act’s “strict liability” framework to situations involving ...

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