Tags: FMSHRC

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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Keep Safety in Mind

May 01, 2013

by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com   According to data released by the Mine Safety and Health Administration (MSHA), 2012 had the lowest fatality rate in the history of U.S. mining, with 0.0107 deaths per 200,000 hours worked and a reportable injury rate of ...

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Safety hits all-time high in 2012

Apr 09, 2013

Safety hits all-time high in 2012

According to data released by the Mine Safety and Health Administration (MSHA), 2012 had the lowest fatality rate in the history of U.S. mining, with 0.0107 deaths per 200,000 hours worked and a reportable injury rate of 2.56 per 200,000 ...

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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 ...

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Three Generations of Luck

Dec 01, 2012

By Therese Dunphy   In today’s challenging environment, many businesses put profits before people. The focus is on the bottom line, and creating shareholder value is the primary mission. Not so at Luck Companies. This nearly 90-year-old business thrives by focusing on ...

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WEBINAR TODAY at 2 p.m. ET: Responding to MSHA/OSHA Document Requests

Oct 18, 2012

Adele Abrams, Law Office of Adele Abrams, PC,  IMA-NA associate and exclusive columnist on Aggregates Manager's website and e-newsletter, AggMan e-News, will present a webinar on "Responding to MSHA/OSHA Document Requests."   This webinar will address the new FMSHRC ruling governing ...

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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 ...

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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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