The Sixth Circuit Court of Appeals recently held that MSHA could demand a miners’ personnel records to assist an investigation into a worker’s discrimination complaint. In Hopkins Coal, an operator refused to provide personnel records to an MSHA investigator on the grounds the agency had not identified any protected activity the miner engaged in.
MSHA
Digging deep into MSHA’s working alone initiative – on solid ground?
By Brian Hendrix on
Posted in Enforcement updates, MSHA
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?
President’s 2018 budget impacts some safety agencies more than others
By Avi Meyerstein on
by Kaileigh Fagan
Despite a proposed $2.4 billion (19.8%) cut to the Department of Labor’s annual budget in President Trump’s fiscal year 2018 budget proposal, the lead U.S. workplace safety agencies – the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) – would see only small budgetary changes.
Microsoft AI getting into workplace safety?
By Avi Meyerstein on
At last month’s Microsoft developer conference, the software maker previewed developing software that can track people, tools, and activities in real-time to prevent workplace accidents.
MSHA delays workplace exam rule until October
By Avi Meyerstein on
Posted in MSHA, Rulemaking news
Following industry comments, MSHA will formally announce on Monday that its workplace examinations final rule will not take effect until October 2, 2017.
Industry and MSHA pause POV case to talk settlement
By Brian Hendrix on
Posted in MSHA, Rulemaking news
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.
Acosta confirmed as Labor secretary
By Erik Dullea on
Yesterday afternoon, the Senate voted to confirm Alexander Acosta as the 27th U.S. Secretary of Labor by a vote of 60 to 38. Mr. Acosta is the final appointee to complete the confirmation process and is currently the only Latino in President Trump’s cabinet.
Limiting MSHA’s jurisdiction: Is it connected to a working mine?
By Brian Hendrix on
Posted in Enforcement updates, MSHA
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.
Peaceful nuclear explosions for mining?!?
By Brian Hendrix on
Posted in MSHA
Ever heard that problem-solving in mining often starts (and ends) with the use of a bigger hammer or the application of more powder? I have. If there was a miner’s creed, I’d expect it to include “hit it harder or shoot it down.”
MSHA workplace examinations rule – On again, now off again
By Avi Meyerstein on
For the moment, MSHA’s new workplace examinations final rule is again on hold. Today, MSHA officially delayed the effective date of the workplace examination rule from May until July 24, 2017, and seeks input about possible further extensions of time.