MSHA

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.

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.”

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.

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?

Just before the Labor Day holiday, the Mine Safety and Health Administration published a long-expected silica request for information (RFI) on possible further regulatory action to address silica (most often found as quartz) in workplaces. From past statements by current MSHA officials and the text of the RFI, it remains unclear how fast or how far MSHA may go in further the regulating exposures to one of the most commonly-found elements on Earth.

The average mining operator now spends $20,000 per year on citations and penalties. In this must-attend conference for cost-savings, learn how to reduce or eliminate fines with the added benefit of improved safety conditions. With increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and their findings.

With the departure of Alexander Acosta as Secretary of Labor, the Department immediately got an acting chief who is expected to more closely align with the White House. Meanwhile, the nominee to replace him, Eugene Scalia, is well known for his DOL and workplace safety-related law practice. What do these new leaders mean for OSHA and MSHA?