30 CFR § 56/57.18002 April 2018 On April 9, 2018, the Mine Safety and Health Administration (MSHA) published its final Workplace Examination rule (the “Final Rule”). The Final Rule is the culmination of MSHA’s nearly two-year effort to revis…
Read More
Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions.
Read More
Categories: Articles, CEQA, Climate, Environmental, Land Use, Marijuana, Mining, Mitigation, MSHA, NEPA, SMARA, Solar, Transportation, Vested Rights, Water
The federal courts rarely full stop the Mine Safety and Health Administration’s pursuit of jurisdictional manifest destiny, but the Sixth Circuit Court of Appeals had no qualms about doing so recently in Maxxim Rebuild Co., LLC v. Fed. Mine Safety…
Read More
Mine operators can be cited by the federal Mine Safety and Health Administration (MSHA) for independent contractors’ violations of the Mine Act and MSHA regulations. Independent contractors perform a multitude of key mine activities like drilling…
Read More
An “S&S” denotation can turn a minor MSHA citation into a major problem. A recent Federal Mine Safety and Health Review Commission (“Commission”) case underscores the subjectivity, and persistence, of the S&S elevation, and provides n…
Read More
MSHA continues to aggressively seek temporary reinstatement of miners asserting discrimination following a safety complaint. Under section 105(c) of the Mine Act, a miner cannot be discharged, discriminated against or interfered with in the exercise…
Read More
Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633) In Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633), the United St…
Read More
The federal Mine Safety and Health Administration (“MSHA”) recently announced that, beginning in January 2012, it would again allow mine operators to discuss citations and orders with MSHA through informal conferences prior to penalty ass…
Read More
Bradley B. Johnson
