Tags: Mine Act

ALJ Knows Best

Aug 01, 2013

ALJ Knows Best

Recent orders denying motions for settlement signal a need for change in the settlement process.   by Adam J. Schwendeman   In August of 2012, the Federal Mine Safety and Health Review Commission (FMSHRC) issued its decision in Black Beauty Coal, 34 FMSHRC 1733 ...

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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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MSHA: Report released on maintenance fatality at lime operation

Jun 07, 2013

MSHA: Report released on maintenance fatality at lime operation

The Mine Safety and Health Administration (MSHA) has released the investigation report on a January 21, 2013, fatality at a surface lime operation involving a 54-year-old maintenance leadman who was killed when he was caught on a pinch point while ...

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Obama budget slashes safety investments

Apr 11, 2013

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 ...

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Preservation of Evidence

Apr 01, 2013

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 ...

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Mine safety law seminar offered in Ontario, Calif.

Feb 12, 2013

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 ...

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Fighting errant MSHA enforcement workshop registration now open

Feb 08, 2013

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 ...

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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 ...

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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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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 expands its access to records

Aug 01, 2012

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 ...

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Rock Law

Oct 03, 2011

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 ...

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