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 Brent I. Clark and Ilana R. Morady

The Mine Safety and Health Administration has just announced the revision of its final pattern of violations (POV) rule, which makes it easier for the Agency to shut down mines. 78 Fed. Reg. 5056 (January 23, 2013). “The final rule simplifies the existing POV criteria, improves consistency in applying the POV

Continue Reading MSHA Pattern of Violations Rule Makes it Easier to Shut Down Mines

By Meagan Newman

Beginning on January 27, 2012 mining companies will have to disclose a broad range of safety violations and other related issues to the U.S. Securities and Exchange Commission (SEC). The SEC issued the final rule on December 21, 2011, implementing the Mine Safety section of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1503(a) of


Continue Reading SEC Mandates Broad Safety Disclosures for Mines