Tags: ALJ McCarthy

MSHA’s Wake Up Call?

Jun 07, 2012

MSHA’s Wake Up Call?

A case before the Commission may hold the agency’s feet to the fire. The Congressional directive that the civil penalty provisions of the Mine Act be enforced promptly and efficiently has been the focus of recent litigation before the Federal Mine ...

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Section 103(k) Shutdowns

Mar 19, 2012

Section 103(k) Shutdowns

MSHA’s expansive use of Section 103(k) orders is a derogation of the purpose and intent of an enforcement tool In the last year, the Federal Mine Safety and Health Administration has shut down several mines and imposed significant operating costs on ...

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Paying the Piper May Become More Difficult

Mar 01, 2012

Paying the Piper May Become More Difficult

    A few new developments suggest that Mine Safety and Health Administration (MSHA) civil penalties — which increased enormously starting in 2007 when MSHA’s final rule eliminated the “single penalty” fine for non significant and substantial (S&S) citations and implemented new ...

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