Tag: Federal Mine Safety and Health Review Commission

Three of the 16 fatalities the Mine Safety & Health Administration recorded through the end of July were classified as powered haulage. Photo: P&Q Staff

How far does MSHA jurisdiction extend beyond mine property?

August 29, 2023By and

Ogletree Deakins’ Bill Doran and Margo Lopez provide an update on a case involving where the Mine Safety & Health Administration’s (MSHA) jurisdiction ends.

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Photo by Kevin Yanik

Contesting citations from MSHA when all else fails

November 23, 2022By and

In spite of all best efforts toward an early resolution, MSHA may refuse to make changes to citations. When this happens, Ogletree Deakins’ Bill Doran and Margo Lopez say it’s time to go to court.

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Photo: Juan Enrique/iStock/Getty Images Plus/Getty Images

Why operators, contractors are tied together on safety

October 26, 2022By and

There are steps operators and contractors can take to improve safety compliance and reduce dual citations from the Mine Safety & Health Administration.

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Aggregate producers may see rulemaking on powered haulage safety in 2020, perhaps incorporating requirements for deploying new tech into current safety standards. Photo by Kevin Yanik

The problem with MSHA’s ‘fair notice’

January 26, 2022By and

While the Mine Safety & Health Administration (MSHA) may vacate a citation due to a lack of fair notice provided to an operator, that isn’t always the end of the issue.

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Photo: P&Q Staff

Examining flagrant and reckless MSHA violations

March 10, 2021By and

Ogletree Deakins’ Bill Doran and Margo Lopez compare flagrant and reckless Mine Safety & Health Administration (MSHA) violations, and how those could change under the Biden administration.

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Photo: P&Q Staff

Examining the refined test for ‘S&S’ violations

July 31, 2020By and

For inspectors, whether a citation is going to be S&S often comes down to a simple assessment of hazard exposure and injury level.

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Aggregate producers are raising concerns as MSHA merges coal inspectors with the metal/nonmetal mining sector. Photo by Kevin Yanik

Understanding MSHA’s informal conference process

June 13, 2019By and

Ogletree Deakins’ Bill Doran and Margo Lopez explain how the process can provide an efficient means for addressing issues with citations early on.

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Tug of War: MSHA’s power to vacate citations

September 16, 2016By

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

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Logo: MINEExpo

Mine Safety & Health Law Special Institute to be held before MINExpo 2016

September 12, 2016By

MINExpo International 2016 attendees can register for the Mine Safety & Health Law Special Institute.

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