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.
Continue Reading
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.
What are the limits of online training for OSHA compliance – today and in the future?
Since the 1990s, videos and computers have become increasingly popular tools for safety and health training. Along the way, OSHA has raised concerns more than once about what it sees as the limits of online training for complying with agency standards. While OSHA repeated those concerns again earlier this year, it also appears ready for a new approach. What does OSHA say now about online training, and where may it be headed?
Continue Reading
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.
Continue Reading
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?
Continue Reading
What retailers can expect from OSHA this holiday season (and how to stay prepared)
With the 2019 holiday shopping season kicking off in earnest this upcoming Black Friday, OSHA circulated reminders last week of some of its key resources and concerns for safety and health in retail stores, especially during the holiday rush. What can retailers expect from OSHA this holiday season, and how can you stay prepared to reduce the chance of enforcement?
Continue Reading
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?