Tags: Mine Safety and Health Administration (MSHA)

Crucial Clarification of “Repeated Flagrant” Provision

Aug 01, 2014

Crucial Clarification of “Repeated Flagrant” Provision

Recent orders by ALJ explain criteria for flagrant violations. by Adam J. Schwendeman In March 2013, the Federal Mine Safety and Health Review Commission (Commission) issued its decision in Wolf Run Mining Co., 35 FMSHRC 536. At issue was the application of ...

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State and Province News August 2014

Aug 01, 2014

To keep up to date with this breakdown of news in the United States and Canada, visit www.AggMan.com for daily updates. by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com   Arizona A permitting snafu could change the way Mat-Su Borough works with contractors, the Mat-Su Valley Frontiersman reports. Until ...

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Is your social media policy in need of a makeover?

Jul 01, 2014

Is your social media policy in need of a makeover?

by M. Robin Repass With the popularity of social media as a source of communication in today’s workplace, it is essential to construct sound policies to balance an employer’s rights to protect business assets versus an employee’s right to discuss workplace ...

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Ill-Advised Rulemaking

Apr 01, 2014

by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com   On April 4, a series of public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed crystalline silica rulemaking will close, and publication of a final rule will likely follow in short order. The proposed rule ...

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Be Ready to Make a Quick Call

Apr 01, 2014

Be Ready to Make a Quick Call

What is an ‘injury which has a reasonable potential to cause death?’   By Arthur Wolfson   Every day, mine operators across the country work tirelessly to prevent accidents from occurring at their worksites. Yet, when 12 specific types of accidents do occur, mine ...

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Under the Influence

Mar 01, 2014

Under the Influence

Do operators have to take the blame for intoxicated employees?   Amanda E. Ferguson, Contributing Editor   On Jan. 1, 2014, Colorado became the first state to fully decriminalize marijuana. Washington will do the same later this year, and 20 other states have already ...

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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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MSHA Takes Control

Feb 01, 2014

MSHA Takes Control

Agency expands its use of Section 103(k) orders as the Commission broadens the definition of accident.   By Kristin R.B. White, Contributing Editor   Section 103(k) of the Federal Mine Safety & Health Act of 1977, 30 U.S.C. § 801 et seq., (the Mine ...

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Shedding Light on Special Assessments

Sep 01, 2013

Shedding Light on Special Assessments

Operators should be diligent in contesting special assessments and seeking justification for penalty calculations.   by Patrick W. Dennison   In 2007, new penalty regulations were promulgated that increased penalties associated with the citations/orders issued by the Mine Safety and Health Administration (MSHA). The ...

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The State of S & S

Jul 01, 2013

Through two recent cases, the Review Commission is expanding what can be considered an S&S violation.   By Christopher G. Peterson   Many operators may not be aware of this, but we have been in a state of flux regarding significant and substantial (S&S) ...

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Penalty Primer

Jun 01, 2013

Penalty Primer

Here are some basic guidelines to civil penalties under Section 110(C) of the Mine Act.   by Christopher G. Peterson     Recently, the Mine Safety and Health Administration (MSHA) has appeared fairly quiet on the enforcement front. However, what MSHA has lacked in numbers ...

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MSHA Alert: Drill Safety

May 15, 2013

MSHA Alert: Drill Safety

The Mine Safety and Health Administration (MSHA) has released an accident prevention alert following a recent injury. The incident involved a roof bolting machine operator who was seriously injured when he was struck by an unrestrained drill steel. MSHA recommends the ...

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