Tags: significant and substantial

Bigger penalties ahead

Oct 01, 2014

Bigger penalties ahead

On July 31, MSHA published proposed revisions to the current criteria and procedures for assessment of civil penalties.  79 Fed. Reg. 147.  MSHA’s stated purpose in promulgating the revisions is to place a greater emphasis on more serious safety and ...

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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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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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More Rules to Live By

Apr 01, 2012

MSHA announces the third phase of its ‘Rules to Live By’ initiative. On Jan. 31, 2012, Assistant Secretary Joseph A. Main announced the launch of the Mine Safety and Health Administration’s (MSHA) third phase of its “Rules to Live By” initiatives, ...

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Rock Law

Jan 07, 2012

An Alarming Decision Review Commission ruling increases the burden on mines to maintain automatic warning devices on mobile equipment. In a case involving coal standards, the Federal Mine Safety and Health Review Commission (Review Commission) issued a holding overturning a decision by ...

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