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Understanding Cal/OSHA Mining and Tunneling Citation Penalties

As most California mine operators are aware, Cal/OSHA maintains a “Mining and Tunneling Division” that duplicates the federal Mine Safety and Health Administration’s safety oversight over mining operations. And, just like MSHA, Cal/OSHA Mining… Read More
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Mine Safety and Health Administration: Annual Increase to Civil Penalties

On January 14, 2021, the United States Department of Labor published a final rule in the Federal Register that increases the Mine Safety and Health Administration’s (“MSHA”) civil monetary penalties. As is required every year, the civil penalti… Read More
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Categories: Articles, Mining

COVID-19 Changes To Mine Safety and Health Administration Regular Operations

April 2020 This article summarizes operational changes the Mine Safety and Health Administration (“MSHA”) will make in response to the COVID-19 pandemic. These changes were discussed in MSHA’s April 16, 2020 Quarterly Stakeholder Call. To begin… Read More
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Categories: Articles, COVID-19, Mining, MSHA

Recent Successes: MSHA 105(c) Discrimination Actions

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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Mine Safety and Health Administration Publishes Final Rule on Workplace Examinations

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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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