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 for Mine Safety and Health (MSHA). The vote was along party lines, with Zatezalo  getting 52 Republican votes.

Zatezalo has deep roots in the mining industry, including a Mining Engineering degree from West Virginia University in 1977, and having become a Professional Engineer and received an award for high grade on the mining exam in 1981.  According to the Whitehouse press release, “Zatezalo began his mining career in 1974 with Consolidation Coal Company as a UMWA Laborer, became a foreman and subsequently General Superintendent for Southern Ohio Coal Company and General Manager of AEP’s Windsor Coal Company. He later rose to be Vice-President of Operations of AEP’s Appalachian Mining Operations.”  He had also served as Chairman, President, CEO, and COO of Rhino Resources GP, LLC, and as President of Hopedale Mining, LLC.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.

By Brent I. Clark and Ilana R. Morady

iStock_000009254156LargeSeyfarth 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 mine examination rule (RIN:1219-AB87) would require metal and nonmetal mine operators to: (1) examine their facilities before a shift begins; (2) explicitly notify miners of any dangerous conditions found; and (3) record their examinations and establish processes to fix hazards.  The current rule allows operators to examine mines during a shift.

MSHA will gather input on this proposed rule in four meetings to be held in Salt Lake City, UT (July 19), Pittsburgh, PA (July 21), Arlington, VA (July 26) and Birmingham, AL (Aug. 4).

Last year, MSHA chief, Joe Main, stated that tightening mine inspection requirements was one of his highest regulatory priorities.

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 first one conducted since MSHA’s revised pattern of violations rule (78 Fed. Reg. 5056 (Jan. 23, 2013)) went into effect on March 25, 2013.

Under the Mine Act, MSHA is authorized to issue a POV notice to mine operators that demonstrate a disregard for the health and safety of miners through a “pattern of significant and substantial” (S&S) violations and employee injuries. A POV notice is reserved for the mines “that pose the greatest risk to the safety of miners.” MSHA defines a significant and substantial violation as one that is reasonably likely to result in a reasonably serious injury or illness.

The Mine Act requires mines that receive POV notices to be issued withdrawal orders –effectively ceasing their mining operations – for all S&S violations. After no mine was placed on POV for the first 33 years after the Mine Act went into effect, these POV notices mark MSHA’s significantly enhanced and aggressive enforcement activities.

Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health, indicated “MSHA’s new POV rule, which we will vigorously enforce, enhances protections for miners and shifts the responsibility for monitoring compliance and taking action to prevent POV enforcement actions to the operator.” Among other things, the new rule shifted responsibility for monitoring compliance to the mine operator, and mandated that operators submit corrective action programs to proactively address issues that could lead to a POV.

Mine operators under this new age of MSHA enforcement need be ever vigilant in monitoring its compliance status and ensuring employees are properly trained to reduce injury rates.