Okay, people. Stand by for some geeky, in-the-weeds lawyer stuff for this month’s column. I wish I didn’t have to do this to you – to be honest, I wish this wasn’t an issue at all – but there’s a major legal development afoot that anybody subject to Mine Act enforcement needs to know about. Spoiler alert: it’s a major…
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Emily Schimelpfenig, a colleague of Willa Perlmutter at Stoel Rives LLP, is guest writing on this issue’s column. Emily is an experienced attorney who represents and advises clients on both Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA) compliance, contests, and accident investigations. In this column, Emily breaks down the differences between MSHA citations and…
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You know, some months when I sit down to write this column, the topics just present themselves to me. There’s some new Commission case, or some development over at MSHA, the Mine Safety and Health Administration, that screams to be written about. The problem these days, though, is that while a lot is going on over at the Department of…
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This month I’d like to tell you about a problem that really shouldn’t be a problem. I’m talking about the current tempest-in-a-teapot that is approval of settlement motions in Mine Act enforcement cases. I’ll bet you already know this, but the vast majority of penalty cases that are filed with the Federal Mine Safety and Health Review Commission (which I’m…
Read MoreThe Mine Safety and Health Administration (MSHA) has released results of a Pattern of Violations screening that identifies chronic violators and mine operators that show a disregard for miners’ health and safety. The results follow the agency’s reviews which, for the first time, included more than one POV screening by MSHA in a calendar year. MSHA conducted a POV screening…
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Lately I’ve been giving some thought to what MSHA considers “enhanced enforcement,” which really refers to enforcement actions that MSHA takes against a mine operator beyond the § 104(a) citations that are the most frequent result of a mine inspection. (We call them “§ 104(a) citations” because the authority for issuing them comes from § 104(a) of the Mine Act.…
Read MoreBy Willa B. Perlmutter In my last column, I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c) of the Mine Act. For those of you that missed that column, here’s the deal: until…
Read MoreEditor’s note: the following is an op-ed from Fisher Phillips. As the calendar turns to a new year, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change, retirements throughout the inspector ranks, and an anemic regulatory agenda, MSHA…
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A few weeks back, one of my clients had an accident at its crusher. From a legal perspective, the details aren’t terribly important. Two guys were hurt, one very seriously. He spent a week in the hospital and faces a long road of rehab ahead. The site supervisor sustained less serious injuries, but he too spent a couple of nights…
Read MoreBy Willa B. Perlmutter In my very first column for this publication, I wrote about the KenAmerican Resources case that was then pending in the U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati. At the time, I wrote that I hoped the Sixth Circuit would take the opportunity to provide much-needed guidance on what exactly “advance notice”…
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