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.
MSHA
OSHRC and FMSHRC – One commission gets a quorum, the other loses it
By Avi Meyerstein on
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.
Grading MSHA’s performance after two years
By Brian Hendrix on
Posted in MSHA
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?
An MSHA blind spot on powered haulage safety?
By Brian Hendrix on
Posted in MSHA, Rulemaking news
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?
What happens when technology and practice exceed MSHA regulations?
By Donna Pryor on
Posted in MSHA, Rulemaking news
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.
MSHA updates its penalties, topping out at $266,275 per violation
By Avi Meyerstein on
Posted in Enforcement updates, MSHA
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.
Nominees for safety agencies OSHA and FMSHRC sent back to the Senate. Will they pass (and when)?
By Avi Meyerstein on
The White House has re-nominated several safety agency nominees, whose nominations expired when the last Congress adjourned. These include Scott Mugno, nominated to serve as OSHA’s leader, and three nominees to be judges on the Federal Mine Safety and Health Review Commission (FMSHRC).
What can MSHA do about powered haulage? Husch Blackwell’s Mining Coalition weighs in.
By Avi Meyerstein on
Posted in MSHA, Rulemaking news
When MSHA asked in a request for information (“RFI”) for data, experiences, and ideas on how to reduce “powered haulage” accidents, the implication of many of the RFI questions was that MSHA is looking to push mines to adopt new 21st-century technologies, such as object detection and collision avoidance systems. In response, Husch Blackwell’s Mining Coalition submitted detailed comments last month that outlined programs, strategies, and technologies that operators have found to be successful – and those that haven’t yet worked.
What to expect in workplace safety in 2019
By Avi Meyerstein on
As the calendar pages turn over to a new year, many wonder what to expect from workplace safety and its regulators in 2019. Here’s our run-down of 8 key areas where we expect to see action in the months ahead.
Will OIG report lead to greater OSHA and MSHA enforcement?
By Avi Meyerstein on
A report at the end of last year by DOL’s Office of Inspector General highlights what OIG considers major challenges for OSHA and MSHA in fulfilling their missions. The report also provides a window into where the workplace safety agencies may focus their energies in 2019 – and where employers may face increased risks of enforcement and other liability.