It’s that time of year again! OSHA and MSHA penalties were automatically adjusted this month. What will safety and health enforcement cost you in 2020? Read on.
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MSHA says its workplace examination rule is fully cooked and ready to serve. But is it?
MSHA’s much-contested new rule is now in effect and being enforced even while a court challenge continues. MSHA has tried to clarify the rule, but many questions remain unanswered.
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Inspector General asks: Do MSHA penalties promote safety?
The Department of Labor’s Inspector General (IG) set out to answer a very specific question: Have MSHA’s civil penalties deterred unsafe mine operations? That seems like a fair question, given that MSHA has assessed more than $1 billion and collected more than $800 million in civil monetary penalties since 2000.
With a little help from my friends
When medical marijuana first started to become legal, mine operators responded in a similar way. Most mines continue to have a zero tolerance policy for both applicants and current employees for several good reasons. But, as local legalization spreads across the country, state laws and recent court decisions are creating challenges for employers.
MSHA, Humpty Dumpty, and the Zombie Apocalypse
What does a legal column have to do with Humpty Dumpty or the zombie apocalypse? The answer lies in the Supreme Court’s Kisor v. Wilkie decision, which could change the way courts (including the Federal Mine Safety and Health Review Commission) decide what regulations really mean.
Putting the ‘H’ back In MSHA?
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.”
MSHA interference claims: 1 step back, 1 step forward?
What test should a court apply when reviewing a claim that a mine operator discriminated against or interfered with a miner’s rights under Section 105(c) of the Mine Act? Recent Commission and Supreme Court cases, as well as a fully-staffed Mine Safety and Health Review Commission offer cautious signs of optimism for the industry.
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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?
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With changing mine safety problems, why not different MSHA solutions?
The current system of mine safety and health regulation is at a crossroads. More than 40 years after the passage of the Mine Act, the mining industry has changed significantly, but the government regulatory system has not. Where have they diverged and what solutions could make a difference?
MSHA reinstates its 2017 workplace exam rule to comply with court order
After a court rejected MSHA’s 2018 changes to its metal/non-metal workplace examination rule, tomorrow (Monday) MSHA will publish an announcement that reinstates the 2017 rule. The notice serves to “recognize[] the legal effect of the court order” and revise the rule to comply. Here are the key takeaways.
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