Tags: mine operators

Taking Steps Towards Safety

Mar 01, 2014

by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com On Feb. 5, the Mine Safety and Health Administration (MSHA) released a new guide on ladder safety designed to provide greater clarity and assistance for complying with MSHA ladder safety standards. Hopefully, the guide will enable operators ...

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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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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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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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Section 103(k) Shutdowns

Mar 19, 2012

Section 103(k) Shutdowns

MSHA’s expansive use of Section 103(k) orders is a derogation of the purpose and intent of an enforcement tool In the last year, the Federal Mine Safety and Health Administration has shut down several mines and imposed significant operating costs on ...

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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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Rock Law

Nov 14, 2011

Know Your Mine’s History of MSHA Violations Failing to contest MSHA citations when valid defenses exist can unknowingly result in significant increases in penalty amounts. Mine operators take an individualized approach to handling MSHA enforcement actions, depending on their business needs and ...

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