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Donna Pryor

A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.

 

Donna has extensive experience in the production of precious metals, aggregates, cement, industrial minerals, coal, salt, potash, phosphate, granite, limestone, and oil and gas. She combines her legal skills and government knowledge with her litigation prowess for clients facing complex problems.

MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica.

The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” The initiative will include:

  • Spot inspections at coal and metal nonmetal mines with a history of repeated silica overexposures to closely monitor and evaluate health

On Monday, April 4, 2022, OSHA released a new memorandum to regional administrators regarding enforcement of OSHA’s rule requiring electronic submittal of injury and illness records.

Each week, the agency will be running a computer program to identify employers who might not be complying. While OSHA originally predicted almost half a million employers would need

MSHA finally has a new leader.  On March 29, 2022, the U.S. Senate confirmed by voice vote Christopher Williamson (Williamson) as Assistant Secretary for the Mine Safety and Health Administration (MSHA) at the Department of Labor. Williamson most recently has held the position of Senior Counsel to Chairman Lauren McFerran of the National Labor Relations

On March 23, 2022, the Occupational Safety and Health Administration (OSHA) published a notice in the federal register announcing a limited re-opening of the comment period regarding OSHA’s final standard to protect healthcare and healthcare support service workers from occupational exposure to COVID-19. The comment period will end on April 22, 2022, and the virtual public hearing will be held on April 27, 2022. The Emergency Temporary Standard (ETS) for Occupational Exposure to COVID-19 for  healthcare and healthcare support service workers (OSHA Healthcare ETS) was originally published on June 21, 2021. OSHA has re-opened the comment period to allow stakeholders to address changes the agency is considering that depart from the June 2021 version of the OSHA Healthcare ETS.

MSHA has announced a new campaign focusing on mine operators’ obligations to ensure that miners are fully trained and able to take time to follow best safety practices. To that end, MSHA is providing resources on powered haulage, rib and roof falls, fire suppression, and lockout/tagout.  Mines should expect increased enforcement around training about these

President Biden has nominated Christopher Williamson for the position of Assistant Secretary for Mine Safety and Health.  The White House statement on the nominee states Mr. Williamson is a “native of the coalfields of southern West Virginia,” though he has no known mining experience.

Mr. Williamson graduated from law school approximately 11 years ago and

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.