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?
MSHA training: Learn how to defend yourself at April ACRI seminar
We’ll be the first to tell you that not every MSHA case requires a lawyer. Our “ACRI” seminar teaches you how to mount a winning defense on your own. Join us in Florida from April 17th to 19th for the next training.
New MSHA chief briefs congressional committee
On Tuesday, the U.S. House Subcommittee on Workforce Protections held an oversight hearing on MSHA and mine safety, featuring Assistant Secretary of Labor David Zetazelo, who outlined his priorities for MSHA.
Senate Confirms Zatezalo to Lead MSHA
Earlier today, the United States Senate voted to confirm David G. Zatezalo as the Assistant Secretary of Labor for Mine Safety and Health. The vote split along party lines, with all 52 Republican Senators voting to confirm the nominee and every Democratic Senator voting against him. Zatezelo should be sworn in later this week or
Confirmation hearing set for MSHA nominee Zatezalo, Sen. Manchin opposes.
Opposition to the Trump Administration’s nomination of David G. Zatezalo heated up earlier this week, as three of the Democratic members of the Senate Health, Education, Labor and Pensions (HELP) Committee sent a letter to the Secretary of Labor requesting a slew of documents and information from MSHA.
On September 2nd, President Trump
MSHA proposes delay and changes to new workplace examination rule
This morning, MSHA posted advance copies of two rules, which it will formally publish tomorrow, to briefly delay and modestly amend its pending 2017 Workplace Examination Rule as expected since early August. The proposed changes appear to address two of the many concerns raised by industry regarding the 2017 rule.
MSHA argues that its inspectors were “not intelligent enough”
Out of the blue, MSHA cites an operator, claiming that the operator should have known that a condition or practice violated a standard. MSHA itself—dozens of different inspectors and their supervisors—was unquestionably aware of the condition or practice for years or decades. Now, the alleged violation must be abated. Abatement will require significant changes, e.g. changes to the ventilation system, mine plan or to the type or equipment used at the mine.
Digging deep into MSHA’s working alone initiative – on solid ground?
A few weeks back, MSHA announced a new “training and enforcement” initiative on “working alone,” which MSHA claimed was necessary because of five fatalities in 2017. But, I had to ask: do these incidents really have anything to do with each other or with working alone?
Industry and MSHA pause POV case to talk settlement
A federal district court judge in Ohio granted yesterday a joint request by industry plaintiffs and MSHA to put on hold their pending litigation over the validity of the agency’s 2013 Pattern of Violations (“POV”) rule while the parties explore settlement. The POV rule is MSHA’s harshest enforcement mechanism.
Limiting MSHA’s jurisdiction: Is it connected to a working mine?
In the recent issue of Rock Products, I look at a recent decision by the United States Court of Appeals for the Sixth Circuit limiting MSHA’s jurisdiction. If you operate a shop that services mining equipment, you’ll want to take note of this case.