By A. Scott HeckerIlana 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, it recently published new guidance
Continue Reading Biden MSHA Issues “Protecting Miners Guidance” on Mitigating and Preventing the Spread of COVID-19 in Mines

By Patrick D. JoyceIlana 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 Freedom of Information Act, OSHA’s
Continue Reading Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

By Brent I. ClarkPatrick D. JoyceIlana 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 Health on Coronavirus and Opioids,
Continue Reading Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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 Occupational Safety and Health Review
Continue Reading Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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 to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement

By Brent I. ClarkIlana 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 be substantially improved by preventing
Continue Reading MSHA Issues RFI for Safety Improvement Technologies and Belt Conveyors

By Brent I. ClarkIlana 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:

  • Each working place be examined at least


Continue Reading Operators Beware! MSHA Issues Final Rule on Examinations of Working Places in Metal and Nonmetal Mines

By Brent I. ClarkJames L. Curtis, Ilana R. MoradyPatrick D. JoyceAdam 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 Occupational Safety and Health Law
Continue Reading Update From the Midwinter Meeting of the ABA Occupational Safety and Health Law Committee

By Brent I. ClarkAdam 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 ongoing struggle for employers with
Continue Reading Transportation and Workplace Violence Stand Out in Census of 2016 Fatal Occupational Injuries

By Brent I. ClarkIlana 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 be Assistant Secretary of Labor
Continue Reading Senate Confirms Trump Selection for MSHA