By A. Scott Hecker, Ilana R. Morady, and Brent I. Clark
Seyfarth Synopsis: On January 21, 2021, President Biden directed MSHA to consider whether COVID-19 emergency temporary standards (“ETS”) are necessary for coal and metal/non-metal mines, and if so, to issue them “as soon as practicable.” While MSHA has not announced an ETS
By Patrick D. Joyce, Ilana R. Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor Heat Rules, Issues under the
By Brent I. Clark, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from the Director of the National Institute for Occupational Safety and
By Brent I. Clark, Patrick D. Joyce, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who discussed the recent
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or
By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018).
In its RFI MSHA notes that “mining safety could
By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018).
The Final Rule, which will be effective on June 2, 2018, requires that:
By Brent I. Clark, James L. Curtis, Ilana R. Morady, Patrick D. Joyce, Adam R. Young, and Daniel Birnbaum
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting.
We are attending the ABA
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual workplace fatalities. The statistics show an
By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: President Trump’s selection for Administrator at MSHA has been confirmed this week by the Senate.
In a 52-46 vote, David G. Zatezalo, of West Virginia, was confirmed by the U.S. Senate this week, on November 15, 2017, to