Tags: Federal Mine Safety and Health Review Commission

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 ...

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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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Where is S&S Going?

May 01, 2012

If it is upheld, the Cumberland case could expand the designation of S&S violations. By Arthur Wolfson A few years ago, I attended a mine safety seminar where one speaker lamented that the Mine Safety and Health Administration (MSHA) and mine operators ...

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Reassessing Pre-Assessment

Feb 17, 2012

Operators should be prepared for the return of pre-assessment conferences. By Kristin R. White   On Dec. 1, 2011, the Mine Safety and Health Administration (MSHA) announced it will begin implementing pre-assessment conferencing procedures in January 2012 in an effort to reduce the backlog ...

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MSHA Suffers a Setback

Jan 01, 2012

An administrative law judge applies common sense to a decision related to truck scales and berms.     The last several years have witnessed a new aggressiveness in the Mine Safety and Health Administration’s (MSHA) campaign to apply the berm standard found at ...

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Editorial

Oct 03, 2011

Grading Our Government By Therese Dunphy If the industry were giving government entities a grade card this fall, it would be an interestingly mixed report. Consider important issues facing our government officials and determine how you would rate them. In terms of transportation ...

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Rock Law

Aug 01, 2011

Strictly Speaking A recent ALJ decision establishes that the Mine Act’s imposition of ‘strict liability’ on operators is not without its limits. By Ben McFarland Most who are familiar with the Federal Mine Safety and Health Act (Act) are aware that it is ...

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Rock Law

Jun 01, 2011

Rock Law

Get it in writing Work refusals and temporary reinstatement under the Mine Act. By Page H. Jackson Every supervisor at a mine needs to be aware of the procedures to follow if a miner raises a question as to whether a given procedure ...

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Rock Law

Jan 03, 2011

The Only Constant is Change Learn the latest pattern in MSHA’s ever-changing pattern of violations formula. by Mark Savit and Erik Dullea The Mine Safety and Health Administration’s (MSHA) Pattern of Violation (POV) program (under Section 104(e) of the Mine Act) is going ...

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MSHA wins in suit Massey Energy legal challenge

Sep 30, 2010

An Administrative Law Judge with the Federal Mine Safety and Health Review Commission has ruled in favor of the  Mine Safety and Health Administration (MSHA) in a legal challenge filed last June by Massey Energy's Performance Coal Co. The company ...

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Rock Law

Sep 01, 2010

Rock Law

Good Morning from Congress While you were sleeping, life got a whole lot more complicated. By Avi Meyerstein Early one recent morning, while you were sleeping, Congress was wide awake, putting into law increased reporting requirements and exposure for large mine operators and ...

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Rock Law

Apr 01, 2010

Rock and roll By R. Brian Hendrix   Know when to mark a machine as “removed from service” and when to label it as “available for use.” Has a Mine Safety and Health Administration (MSHA) inspector ever inspected a piece of mobile equipment, despite ...

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