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 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
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
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