Tags: Federal Mine Safety and Health Review Commission

Under the Influence

Mar 01, 2014

Under the Influence

Do operators have to take the blame for intoxicated employees?   Amanda E. Ferguson, Contributing Editor   On Jan. 1, 2014, Colorado became the first state to fully decriminalize marijuana. Washington will do the same later this year, and 20 other states have already ...

Read More...

MSHA Takes Control

Feb 01, 2014

MSHA Takes Control

Agency expands its use of Section 103(k) orders as the Commission broadens the definition of accident.   By Kristin R.B. White, Contributing Editor   Section 103(k) of the Federal Mine Safety & Health Act of 1977, 30 U.S.C. § 801 et seq., (the Mine ...

Read More...

Maine stone crushing operation ordered to pay former employee $6,000 in back wages to resolve lawsuit

Dec 05, 2013

Maine stone crushing operation ordered to pay former employee $6,000 in back wages to resolve lawsuit

The Mining Safety and Health Administration (MSHA) announced Tuesday that Ferraiolo Construction Inc. and owner-president John Ferraiolo, operators of the Portable Pioneer Plant in Thomaston, Maine, will provide $6,000 in compensation to a former employee and take other corrective action ...

Read More...

Shedding Light on Special Assessments

Sep 01, 2013

Shedding Light on Special Assessments

Operators should be diligent in contesting special assessments and seeking justification for penalty calculations.   by Patrick W. Dennison   In 2007, new penalty regulations were promulgated that increased penalties associated with the citations/orders issued by the Mine Safety and Health Administration (MSHA). The ...

Read More...

Penalty Primer

Jun 01, 2013

Penalty Primer

Here are some basic guidelines to civil penalties under Section 110(C) of the Mine Act.   by Christopher G. Peterson     Recently, the Mine Safety and Health Administration (MSHA) has appeared fairly quiet on the enforcement front. However, what MSHA has lacked in numbers ...

Read More...

Costly Claims

Jan 01, 2013

Operators may pay the price for MSHA’s new emphasis on discrimination enforcement.   by Michelle Witter   Citing the Upper Big Branch disaster, MSHA’s Joseph Main announced that the agency intends to continue to place an increased emphasis on the investigation of miners’ rights ...

Read More...

Mine operator wins on unwarrantable failure PPE issue

Dec 04, 2012

Mine operator wins on unwarrantable failure PPE issue

One of the newer Administrative Law Judges - William Steele - has issued a decision in favor of a limestone quarry operator in a case involving a worker's failure to wear eye protection. In Michels Corporation (ALJ, November 2012), ALJ ...

Read More...

Ugly Decision in Black Beauty

Dec 01, 2012

Federal Mine Safety and Health Review Commission approves heightened scrutiny, and less clarity, over proposed settlements.   By Ben McFarland   Most who are familiar with penalty assessments under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. ...

Read More...

MSHA Isn’t Held to a Timetable

Nov 01, 2012

The Commission declines to enforce its own deadline for MSHA to file petitions for assessment.   by K. Brad Oakley   In the June 7, 2012, edition of Rock Law, my colleague Christopher Peterson began a discussion of whether the Federal Mine Safety and ...

Read More...

Reining in Reinstatement Claims

Oct 04, 2012

Sixth Circuit overrides Secretary of Labor on temporary reinstatement of terminated miners.   by Meredith A. Kapushion   Mine operators and miners familiar with the procedures for temporary reinstatement under the Mine Act may be aware of the shift in the Mine Safety and ...

Read More...

MSHA’s Evolving Authority

Sep 01, 2012

MSHA’s Evolving Authority

The agency’s ever-changing role merits another look at its boundaries for inspection and investigation.   By Laura E. Beverage and Christopher G. Peterson     In last month’s Rock Law column, a Jackson Kelly associate discussed how the Federal Mine Safety and Health Review Commission’s ...

Read More...

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 ...

Read More...

SUBSCRIBE & FOLLOW

advertisement

TWITTER

FACEBOOK

BLOG

advertisement
advertisement