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, 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 Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The DOL has published its 2020 increases to MSHA civil penalties.
The DOL has finalized the 2020 inflation adjustments, which will nudge the penalties up 1.764%. 85 Fed. Reg. 2292 (Jan. 15, 2020).
Under the 2020 rule, the new MSHA civil penalties for
Continue Reading MSHA Increases Civil Penalties for 2020
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: A Democratic lead House subcommittee has proposed a large budget increase for both the Occupational Safety and Health Administration and the Mine Safety and Health Administration.
The Democratic budget proposal would allocate more than $660.9 million for OSHA in fiscal year 2020 – around $103 million more than the
Continue Reading Democratic House Proposes Large Increases for OSHA and MSHA Budgets
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, 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 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