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Please Note Our New Address

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
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Sixth Circuit Draws Tighter Boundary Around MSHA Jurisdiction

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
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How to Reduce Risk of Citation for Independent Contractor MSHA Violations

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
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Categories: Articles, MSHA

"Significant & Substantial" - Subjective, and Tough to Undo

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
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Categories: MSHA

Reminder: Miner Reinstatement

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
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Categories: MSHA

7th Circuit Holds MSHA May Inspect Medical & Personnel Records

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
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Categories: Articles, MSHA

Important Changes to MSHA Conference Procedure

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
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Categories: Articles, MSHA