Unfortunately, when it comes to the issue of regular exposure to mine hazards and “frequent and extended” exposure, the MSHA regulations and policy guidance do not provide definitive guidance. The key for an operator is to be aware of the issue, be aware of the frequency of visits to your site by non-employees, and when in doubt as to what training is required, always err on the side of safety.

Marci M. Fulton is an associate at Patton Boggs LLP’s Denver office where she advises clients on administrative and regulatory issues, particularly environmental, health, and safety issues, and civil litigation. Fulton may be reached via phone at 303-894-6121 or via e-mail at mfulton@pattonboggs.com.