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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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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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Proposed Part 100’s Unintended Consequences: The Truth Revealed

The Proposal Appears To Be a Change For The Sake Of Change, And Seeks To Ease The Burden Of Proof On Enforcement Actions and Increase Penalties Without a Safety Rationale.

By Ross Watzman

Read more: Proposed Part 100’s Unintended Consequences: The Truth Revealed

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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Ebola in the Workplace

By Bradford T. Hammock

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