MSHA Expands Use of Injunctive Relief
- Created: Wednesday, 02 February 2011 15:55
- Published: Wednesday, 02 February 2011 15:55
By Adele Abrams
Despite press reports in non-mining media to the contrary, the Mine Safety & Health Administration (MSHA) has always been a strong agency, with many enforcement weapons in its arsenal. In addition to mandating inspections at least twice a year (surface) and quarterly (underground), the 1977 Mine Act also provided MSHA with warrantless search authority, no statute of limitations on violations, personal prosecutorial power under Section 110, and a strict liability framework for adjudication. None of these powers, by comparison, are possessed by MSHA’s sister agency, OSHA.