This week the Senate confirmed the new leaders of OSHA and MSHA. David Keeling is the new Assistant Secretary of OSHA and Wayne Palmer is the new Assistant Secretary for MSHA.
New Leaders of OSHA and MSHA Confirmed by Senate
How are OSHA and MSHA Affected During the Shutdown?
Per a U.S. Department of Labor memo entitled “Plan for the Continuation of Limited Activities During a Lapse in Appropriations,” many employees of OSHA and MSHA are currently furloughed.
At the Mine Safety and Health Administration (MSHA), of the agency’s 1,590 employees, only 879 will not be furloughed. Of those 879 employees, 674
Federal Mine Safety and Health Commission Redefines S&S Standard, Making S&S Designations More Likely to Be Upheld
On September 19, 2025, the Federal Mine Safety and Health Review Commission issued a decision, Secretary of Labor v. Consol Pennsylvania Coal Company, that re-defined the interpretation of the “significant and substantial” (S&S) standard of Section 104(d) of the Federal Mine Safety and Health Act. The standard has undergone shifting interpretations over the decades. The Secretary did not request a review of the S&S test on appeal. However, the Commission’s decision revised the test to require only (1) a hazard to which the violation could contribute, and (2) that the violation significantly and substantially contributes to that hazard – making it substantially easier for the Secretary of Labor (and MSHA inspectors) to support and uphold S&S allegations.
Only 5 Spots Left! Join us in Denver for our Understanding MSHA Litigation Workshop
The average mining operator now spends over $20,000 per year on citations and penalties. In this must-attend cost-savings workshop, learn how to reduce or eliminate fines—with the added benefit of improved safety conditions. In an era of increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and challenge citations.
Register here to meet September 3–5, 2025, from 8:30 a.m. – 5:00 p.m. Mountain Time at Husch Blackwell’s Denver office at 1801 Wewatta Street, Suite 1000.
OSHA Announces Public Hearing on Heat Injury and Illness Prevention Rulemaking
On April 16, 2025, the Occupational Safety and Health Administration (OSHA) announced that it would be hosting a virtual public hearing on its proposed rule to protect workers from hazardous heat exposure on June 16, 2025, at 9:30 a.m. EDT. The hearing may continue to subsequent days if necessary.
For a detailed overview of the
Employment-Related Class Actions on the Rise in the Mining and Natural Resources Industries
Over the past year, our team has noted significant activity in the area of employment-related class action lawsuits filed against mining operators and contractors, oil and gas companies, and other companies in the energy industry. These cases—generated mostly through a few plaintiff-side law firms—target alleged violations of the Fair Labor Standards Act (FLSA), including allegations
Trump Administration Nominates New Assistant Secretaries for OSHA and MSHA
Over the last week, the Trump administration has put forward its nominees for Assistant Secretary for both the Occupational Health and Safety Administration (OSHA) and the Mine Health and Safety Administration (MSHA).
MSHA/OSHA Civil Penalty Amounts Increase for 2025
On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%. The chart below applies to any penalties assessed after January 15, 2025, including penalties whose associated violations occurred before that date.
Please contact a Husch Blackwell Safety and health attorney with
OSHA Announces New Guidance for Animal Slaughtering and Processing Inspections
On October 16, 2024, the U.S. Occupational Safety and Health Administration (OSHA) announced expanded guidance for animal slaughtering and processing industry inspections that supersedes previous inspection guidance. Check out our in-depth post concerning this regulatory update on Husch Blackwell’s Climate Solutions Legal Digest blog.
OSHA Offices in Colorado Implement New Local Emphasis Program for the Cannabis Industry
This past July, OSHA’s Colorado offices published a Local Emphasis Program regarding workplace hazards associated with cannabis production. Check out our blog post on Cannabis Law Now.