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 Occupational Safety and Health Law
Continue Reading Update From the Midwinter Meeting of the ABA Occupational Safety and Health Law Committee
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 ongoing struggle for employers with
Continue Reading Transportation and Workplace Violence Stand Out in Census of 2016 Fatal Occupational Injuries
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 be Assistant Secretary of Labor
Continue Reading Senate Confirms Trump Selection for MSHA
By Brent I. Clark and Ilana R. Morady
Seyfarth Synopsis: The proposed MSHA rule would require mine operators to examine their mines and to notify miners of dangerous conditions.
MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register. 81 Fed. Reg. 36818.
The proposed
Continue Reading MSHA Announces Proposed Rule on Mine Examinations
By Benjamin D. Briggs, Ilana R. Morady, and Kerry M. Mohan
To cap off the winter ABA conference, on Friday the conference discussed recent OSHA Review Commission decisions involving deference given to the Secretary’s interpretation, heat illness, and combustible dust.
Chief Judges Rooney (OSHRC) and Lesnick (MSHRC) discussed ethical and professional behavior before the Court, reminding attorneys to
Continue Reading Update from the ABA OSHA/MSHA Conference
By Brent I. Clark, Kerry M. Mohan, and Craig B. Simonsen
The U.S. Mine Safety and Health Administration (MSHA) recently sent three mining operations notices of a pattern of violations (POV) of health or safety standards under section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act). The MSHA POV screening this year was the
Continue Reading MSHA Aggressive Enforcement Activities Under the Pattern of Violation Rules
By James L. Curtis and Craig B. Simonsen
The Bureau of Labor Statistics (BLS) recently released its preliminary “Census of Fatal Occupational Injuries.” The findings show an increase of twenty-three percent in the oil and gas extraction industries, a fourteen percent increase in the mining sector, and a five percent increase in the construction industry.
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Mine operators and employee interveners lost their joint appeal to U.S. Seventh Circuit Court of Appeals — where the Court agreed with the Commission that MSHA acted within its statutory and constitutional authority to issue document demands for employee medical and personnel records. Big Ridge, Inc., et al., v.
Continue Reading 7th Circuit Upholds MSHA’s Authority to Request Medical Records to Verify Reported Injury Statistics
By Brent I. Clark and Meagan Newman
At an ABA conference in California today, the Deputy Assistant Secretary for OSHA, Jordan Barab, described some of the consequences of the sequester on OSHA’s enforcement activity.
OSHA Enforcement
While it appears that furloughs will not take place, there will be significant impacts on compliance assistance and inspections. The Deputy Assistant Secretary
Continue Reading Sequester Impact on OSHA Enforcement and MSHA Backlog