Photo of Erik Dullea

As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before returning to the firm in 2023.

MSHA may have its eyes on respirable dust. A focus on coal dust in recent years may be shifting to include silica. What started as a concern primarily in coal mines may soon lead to stricter rules and enforcement that affect both coal and metal/non-metal operators.

With congressional, media, and MSHA pressure to focus on black lung disease, mine operators should expect stringent enforcement of coal dust standards and potentially new regulation, as well. In the latest edition of Coal Age magazine, I take a look at the latest developments and offer some thoughts on how MSHA may respond.

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.

Last month, OSHA’s administrator for Region VII issued a press release announcing the agency’s intention to counter the increase in work-related fatalities in Kansas, Missouri and Nebraska. During the current fiscal year (Oct17-Sep18), OSHA has investigated 34 fatalities in these states.  Sadly, that number has continued to rise in the weeks since the press release was issued.  What can we learn from this announcement?

Just in time for the holidays, the Federal Aviation Administration (FAA) published a new issue of its Information for Operators (InFO)[1] that pertains to Unmanned Aircraft System (UAS) operations. InFOs convey valuable information intended to help operators meet certain administrative, regulatory, or operational requirements with relatively low urgency or impact on safety.