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.
Next week – on February 12 and 13 – Husch Blackwell attorneys Erik Dullea, Phil Bower, Avi Meyerstein, Hal Perloff and Brian Waagner will be presenting at the 2019 NSSGA AGG1 Aggregates Academy & Expo in Indianapolis on a number of topics. Please join us if you are at the event.
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Last week, the years-long saga of OSHA’s 2016 injury and illness record-keeping rule took another turn, leaving many employers confused about what injury records they must submit to OSHA. In this quick-and-easy FAQ, we clear up the confusion with answers to the top 10 questions about OSHA’s new injury and illness records rule.
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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.
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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).
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Can OSHA inspect cannabis facilities? Some cannabis cultivators and manufacturers believe they are exempt from OSHA visits because the Federal government does not recognize cannabis as a legal drug. According to a recent case in California, the government disagrees.
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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.
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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.
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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.
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OSHA may be considering a major change to its lockout/tagout (“LOTO”) rule, which dictates how companies across industries design and service equipment. By deleting a single word, OSHA may force significant changes and increase enforcement and company liability.
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