The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable crystalline silica rule to the public. Although President Biden was campaigning in Scranton, PA, he did not make an appearance at the event.Continue Reading MSHA’s Final Silica Redraws the Landscape for Silica Compliance
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine mandate obligating employees to either get vaccinated or to undergo regular COVID-19 testing and to wear a face covering at work. OSHA expressly states that the ETS pre-empts all state or local laws that are contrary to the ETS requirements. The ETS will be effective on the date of publication in the Federal Register (November 5, 2021). However, employees who work for covered employers will have until January 4, 2022 to get vaccinated or otherwise comply with the testing/masking requirements.
Continue Reading OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees
Partner Brian Hendrix has published an article for Rock Products explaining MSHA’s focus on Power Haulage Safety. Brian examines the best practices provided by MSHA and offers advice to quarry operators looking to develop and implement a mine-specific plan for powered haulage safety.
For more information, read the article here.
On June 9, 2021, the Occupational Health and Safety Administration (OSHA) issued a new COVID-19 Emergency Temporary Standard (ETS) with the scope of the ETS limited to certain workplace settings that are defined as healthcare service and healthcare support service settings, unless the healthcare setting is specifically excluded. In conjunction with its release of the ETS, on June 10, 2021, OSHA also issued new guidance applicable to employers and workers that are not covered by the ETS. The stated purpose of the new guidance is to enable employers to better recognize and abate hazards likely to cause death or serious physical harm as part of their obligation under the General Duty clause and other existing mandatory OSHA standards. To accompany our recent commentary on the ETS, we also have prepared the following summary of the OSHA guidance directed at employers not covered by the ETS.
Continue Reading OSHA Issues New Guidance Applicable to all Employers Not Covered by the ETS
Last year, the mining industry experienced its second lowest annual fatality rate, and the injury and illness rates remained low. The industry doesn’t appear to have lost any ground on safety or health during the current global pandemic, but holding ground will be easier than improving upon it. To improve, many in the industry are
COVID-19 has not derailed the “One MSHA Initiative,” MSHA’s effort to blur the “distinction between coal and metal/non-metal enforcement for more efficient use of resources.” That’s not a surprise, given the commitment of MSHA’s leadership to the Initiative and the fact that it started back in 2018.
Continue Reading MSHA Blurring the Lines: Getting a clearer picture of how it really looks and works
Today, Virginia’s new and detailed COVID-19 regulation takes effect. The rule, an “emergency temporary standard” (ETS), was adopted July 15th by the Virginia Department of Labor and Industry (DOLI). Unlike general guidance and recommendations issued by CDC and federal OSHA, the Virginia rule requires all employers regulated by DOLI to develop, implement, and enforce COVID-19 prevention and mitigation measures. Read on for a detailed summary of the rule’s requirements.
Continue Reading Detailed Virginia COVID regulation takes effect today for Virginia employers
Though the mining industry uses about 90% of explosives in the United States, neither ATF’s regulations nor its personnel generally come from mining. Nonetheless, ATF and the mining industry generally have worked together well as partners. Issues do sometimes arise, however, such as recent ATF actions on underground explosives storage magazines.
Continue Reading Navigating with ATF on underground explosives storage magazines
As companies plan to reopen, we’re getting lots of questions about how to prepare for workers wearing cloth face masks, as advised by the CDC and now required by some jurisdictions. Should your employees wear masks? Must they? What do you need to know to do this right? Here is our summary of key questions and answers.
Continue Reading Returning to work with masks? Answers to top employer questions.
The Department of Labor’s Inspector General (IG) set out to answer a very specific question: Have MSHA’s civil penalties deterred unsafe mine operations? That seems like a fair question, given that MSHA has assessed more than $1 billion and collected more than $800 million in civil monetary penalties since 2000.Continue Reading Inspector General asks: Do MSHA penalties promote safety?