» MSHA

UPDATE 3/23/2020 - Governor Newsom’s Statewide COVID-19 Shelter-in-Place Order – Impact on Construction Materials Operations

Posted By:
Bradley B. Johnson
March 23, 2020 This is an update to our March 20 article. Governor Newsom’s Executive Order N-33-20 requires “all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of… Read More
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Categories: Articles, Environmental, Mining, MSHA
Tags: Construction materials, COVID-19, CRITICAL WORKERS, ESSENTIAL, UPDATE

Recent Successes: MSHA 105(c) Discrimination Actions

Posted By:
Bradley B. Johnson
February 2020 In just the last year this firm litigated and successfully defended two Section 105(c) complaints filed under the federal Mine Safety and Health Act (the “Mine Act”). (30 USC § 801, et seq.) This section prohibits mine operators fr… Read More
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Categories: Articles, Environmental, Mining, MSHA
Tags: 105(c), complaint, investigation, Mine Act, miner, mining, MSHA

Mine Safety and Health Administration Publishes Final Rule on Workplace Examinations

Posted By:
Bradley B. Johnson
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 revise… Read More
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Categories: Articles, Mining, MSHA
Tags: 30 CFR, Mine Safety and Health Administration, MSHA, MSHA final rule 30 CFR 56.18002, workplace examinations

Please Note Our New Address

Posted By:
Bradley B. Johnson
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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Categories: Articles, CEQA, Climate, Environmental, Land Use, Marijuana, Mining, Mitigation, MSHA, NEPA, SMARA, Solar, Transportation, Vested Rights, Water

Sixth Circuit Draws Tighter Boundary Around MSHA Jurisdiction

Posted By:
Bradley B. Johnson
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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Categories: Articles, Mining, MSHA
Tags: appeals, citations, federal court, inspections, jurisdiction, Mine Safety and Health Administration, MSHA

How to Reduce Risk of Citation for Independent Contractor MSHA Violations

Posted By:
Bradley B. Johnson
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
Tags: MSHA

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

Posted By:
Bradley B. Johnson
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

Posted By:
Bradley B. Johnson
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

Posted By:
Bradley B. Johnson
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 Sta… Read More
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Categories: Articles, MSHA

Important Changes to MSHA Conference Procedure

Posted By:
Bradley B. Johnson
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