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Mastering the Double-Edged Sword

Smart, Compliant Workplace Examinations Are a Good Tool.

By Henry Chajet and R. Brian Hendrix

 

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Knowing And Willful Violations

Company Personnel Are Still Surprised When They Or Their Colleagues Receive A Proposed Fine.

By Henry Chajet , Jackson Lewis P.C.

 

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No Good Deed Goes Unpunished

The Disturbing Trend Of MSHA Inspectors Relying On Corrective And Preventative Actions As Basis For Citations.

By Mark Savit, Jackson Lewis P.C.

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You Can’t Inspect Here! How Far Reaching is MSHA’s Jurisdiction?

By Donna Vetrano Pryor

Have you noticed a recent trend of MSHA inspectors issuing citations to delivery truck drivers at the mine office or the shop? These citations range from alleged training violations (for the drivers) to allegations of failure to chock tires while in the mine’s parking lot. This begs the question, who and what is covered under the Mine Act? Where does MSHA’s jurisdiction begin and end? Of course, there are no bright lines to these questions, but the Mine Act and case law do shed light on them.

 

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MSHA Rebuked, Not Deterred

An ALJ Determines That There Are Outer Limits of MSHA’s Relatively Unlimited Enforcement Authority

By R. Brian Hendrix

 

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