The Department of Labor (“DOL”) announced a notice of proposed rulemaking on August 29, 2023, concerning who employees can authorize to act as their representative during Occupational Safety and Health Administration (“OSHA”) workplace inspections. Continue Reading OSHA Announces Proposed Rulemaking Regarding Authorized Employee Representation During Inspections

According to Bloomberg Law, Assistant Secretary of Labor for MSHA, Chris Williamson, has stated that beginning this month the agency will resume a practice that ended in 2020 – publicizing the names of mines targeted for impact inspections. Every month, MSHA conducts targeted inspections at mines that according to the agency merit increased attention due to their compliance history or “certain compliance concerns.” Past monthly targeted inspection results are published on the MSHA website.Continue Reading MSHA to Renew Practice of Publicizing Mines Targeted for Impact Inspections

Out of the blue, MSHA cites an operator, claiming that the operator should have known that a condition or practice violated a standard.  MSHA itself—dozens of different inspectors and their supervisors—was unquestionably aware of the condition or practice for years or decades.  Now, the alleged violation must be abated.  Abatement will require significant changes, e.g. changes to the ventilation system, mine plan or to the type or equipment used at the mine.
Continue Reading MSHA argues that its inspectors were “not intelligent enough”