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About

Legal editor Michael T. Heenan is an attorney at Ogletree, Deakins, Nash, Smoak & Stewart, one of the nation’s largest labor and safety law firms. He can be reached at michael.heenan@odnss.com.

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Uncovering significant and substantial violations Posted on 10 Feb 2017 in the Features categories.

Before the Mine Safety & Health Administration (MSHA) can issue an unwarrantable failure citation, the violation must be significant and substantial.

All fatalities at a mine must be reported, even if due to natural causes or non-mine events.

Lowering the mine fatality rate Posted on 03 Jan 2017 in the featured & Features categories.

MSHA announced that the 2016 fiscal year ending Sept. 30 had the lowest fatality incidence ever recorded for the more than 13,000 operating mines.

How MSHA determines interference or discrimination Posted on 02 Dec 2016 in the featured & Features categories.

The Federal Mine Safety and Health Act prohibits “discrimination” against miners and prohibits “interference” with protected rights of miners.

MSHA document demands upheld Posted on 13 Oct 2016 in the featured & Features categories.

MSHA regularly is entitled to see mine records specifically mandated by law, such as those related to mine identification, contractor identification and more.

Tug of War: MSHA’s power to vacate citations Posted on 16 Sep 2016 in the featured & Features categories.

MSHA can vacate a citation anytime by law and thereby dissolve any related penalty.

Defining ‘negligence per se’ Posted on 03 Aug 2016 in the featured & Features categories.

Negligence per se is a legal concept employed in lawsuits to cement a claim for damages.

MSHA’s expanded workplace examinations Posted on 08 Jul 2016 in the featured & Features categories.

The Mine Safety & Health Administration (MSHA) announced a proposed regulation to amend workplace examination requirements.

Advances in safety management lowers fatality rate Posted on 31 May 2016 in the featured & Features categories.

Safety in metal and nonmetal mines in the first three months of 2016 improved over 2015.