As I write in the current issue of Rock Products magazine, mining is an industry approaching zero, with record low fatality rates. But, enforcement doesn’t always follow risk. Mines account for only 0.5% of U.S. workplace fatalities but have 40% of federal safety dollars. Even within mining, mines with fantastic safety records are just as likely to get intensive MSHA inspections as those with severe problems. Is there a better way?
Continue Reading
In a little-noticed “information collection” notice, MSHA asked for public comment about whether its petition for modification process is necessary, practical, or burdensome. Last week, Husch Blackwell’s Mining Coalition weighed in with ideas for how MSHA can reform the process.
Continue Reading
When medical marijuana first started to become legal, many employers in mining and other safety-sensitive industries adopted zero-tolerance policies. After all, safety at these work sites is critical. But, new court decisions are calling this approach into question.
Continue Reading
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).
Continue Reading
You may have some work to do to prepare for your next accident. How you handle the minutes, hours, and days following an incident can determine what kind of mess you may be dealing with — or not — for years to come.
Continue Reading
Baked into the core of federal safety laws is the concept that employers facing unfair citations can get a day in court. That system depends on two independent commissions of judges – both trial judges and appellate – to hear and review cases involving OSHA and MSHA citations. Keeping those panels stocked with commissioners has been an ongoing challenge.
Continue Reading
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?
Continue Reading
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?
Continue Reading
Many of the MSHA regulations that are currently in effect were written in the 1970s; at that time in history, digital meant using your fingers (digits). Since then, technology has become so advanced that the regulations do not even address the latest hazards involved in mining.
A regular MSHA citation that hits all the high notes in terms of penalty points will cost as much as $72,620 in 2019 (based on company size, prior violations, negligence, and gravity), MSHA announced yesterday. A flagrant MSHA violation – the most severe – will now cost $266,275.
Continue Reading