Tags: Mine Act
Obama budget slashes safety investments
The FY2014 budget released by the Obama Administration on April 10 increases across-the-board spending by 2 percent, but cuts Mine Safety and Health Administration (MSHA) programs critical to enhancing the safety of aggregates workers.
According to a report from the National ... Read More...
Preservation of Evidence
A litigation hold requires parties to preserve evidence relevant to a legal dispute.
By Meredith A. Kapushion
Mine operators are familiar with their obligations to keep certain records as required by the Mine Act, but are often surprised to learn that they ... Read More...
Mine safety law seminar offered in Ontario, Calif.
CalCIMA is partnering with Bradley Johnson and the law firm of Harrison Temblador Hungerford & Johnson to offer a mine safety and health seminar. The seminar is an introduction to MSHA (Mine Safety and Health Administration) and CalOSHA (California Occupational ... Read More...
Fighting errant MSHA enforcement workshop registration now open
To help producers deal with increased enforcement from the Mine Safety and Health Administration (MSHA), National Stone, Sand and Gravel Association (NSSGA) will present an Alternative Case Resolution Initiative (ACRI) workshop from Tuesday through Thursday, Feb. 26-28, at NSSGA headquarters ... Read More...
Costly Claims
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...
Reining in Reinstatement Claims
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
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 expands its access to records
Commission’s decision requires operators to hand over miners’ information, including documents not required to be retained.
Mine operators now have less freedom to properly refuse to turn over documents demanded by inspectors. A recent decision by the Federal Mine Safety and ... Read More...
Rock Law
No Notice Required
MSHA’s disregard for rulemaking authority makes its way to the Review Commission.
By Patrick W. Dennison
The Mine Act’s requirement for notice and comment rulemaking provides a check on the power of the Mine Safety and Health Administration (MSHA) to ... Read More...
Editorial
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 ... Read More...
Rock Law
Part 50 Audits
Is any document off limits?
by Whitney G. Clegg
Does the Mine Safety and Health Administration (MSHA) have carte blanche access to the files and records kept in your mine office? Since 1979, the agency has traditionally followed the Sewell ... Read More...
Rock Law
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 ... Read More...
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