According to MSHA Assistant Secretary David Zatezalo, MSHA is working to “put the ‘H’ back in ‘MSHA.’” He told Congress over the summer that he is “paying close attention to the ‘H’ in MSHA: miners’ health.” He emphasized that MSHA will “aggressively enforce existing standards to ensure that operators protect miners from exposure to respirable dust and quartz.”

Brian Hendrix
Brian, a member of Husch Blackwell’s Energy & Natural Resources group, advises clients on workplace safety and environmental law, with a focus on litigation, incident investigations, enforcement defense and regulatory compliance counseling. He has extensive experience with federal and state agencies and has represented numerous clients in manufacturing, natural resource production and service-related industries.
Drugs, MSHA enforcement, Maslow’s Hammer
How should MSHA approach complaints about drugs at mines? What questions should an inspector be asking when arriving at the site? How should MSHA investigate? What are the best agency tools to address these cases?
On the hill, Acosta emphasizes safety benefits of compliance assistance
When Secretary of Labor Alexander Acosta testified before Congress earlier this month, he emphasized balancing safety agencies’ legal obligations and commitments with President Trump’s commitment to deregulation. Meanwhile, members from both parties on the Subcommittee of Labor, Health, Human Services, Education and Related Agencies of the House Committee on Appropriations focused heavily on $1.2 billion in proposed budget cuts at the Department of Labor (but not for OSHA or MSHA).
Grading MSHA’s performance after two years
Two years into President Donald Trump’s first term, how would you grade the Mine Safety and Health Administration’s (MSHA) performance? Is MSHA more effective or efficient?
Yes, OSHA violations can send you to jail
Can mis-steps with OSHA land you in jail? Several recent cases are a reminder that the risk is real. While OSHA rarely makes a criminal case out of safety violations, it does pursue criminal charges when people mislead the agency through false statements, falsified records, or destroyed documents. A company that does not take great care in handling an investigation risks such costly errors, leading to criminal prosecution and stiff penalties under federal law.
An MSHA blind spot on powered haulage safety?
MSHA engaged in an important exercise last year when it asked for comments on how to improve “powered haulage” safety in mining. But, are some important questions missing from the discussion?
MSHA removes mine from POV status in settlement and retiring commissioner objects
According to a recent court opinion, last month MSHA reached a settlement with a mining company that included removing the company from the list of operators with a “pattern of violations” (POV). While a 3-1 majority of the Federal Mine Safety and Health Review Commission agreed to dismiss the case, one commissioner dissented strongly.
What might a Justice Kavanaugh mean for OSHA and MSHA?
With the nomination of Judge Brett Kavanaugh to the Supreme Court, occupational safety and health professionals may be interested in the impact he may have on future cases involving OSHA, the Occupational Safety and Health Act, MSHA, and the Federal Mine Safety and Health Act. Judge Kavanaugh’s testimony before the Senate Judiciary Committee this week has shown him to be thoughtful and very well qualified (not to mention incredibly patient). At this point, it seems apparent to all that he will soon be confirmed by the Senate.
With new RFI, MSHA begins potential rulemaking process on powered haulage
As the mining industry continues to wait for any new direction at MSHA to reveal itself, last week, MSHA published a request for information (RFI) in the Federal Register that could be the beginning of a new rulemaking on powered haulage equipment. The RFI covers aspects of both surface and underground mines, as well as both coal and metal/non-metal.
On-demand webinar: Creating safe, drug-free workplaces that comply with OSHA’s latest guidance
Illegal narcotics, prescription drug abuse and alcohol use are growing issues of concern in the workplace. Employers, particularly those with employees in safety-sensitive positions, must be vigilant and proactive. How can you best navigate the minefield of state and federal laws on drug and alcohol testing?