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MSHA Enhancing Enforcement of ‘Rules to Live By’

In a meeting with mining industry stakeholders, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced that the agency is enhancing enforcement of its “Rules to Live By” initiative of standards commonly cited following mining deaths.

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Massachusetts Producer Settles with MSHA

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a global settlement with Worcester Sand and Gravel Co. Inc. of Shrewsbury, Mass., to resolve citations and orders in three separate dockets. An administrative law judge with the Federal Mine Safety and Health Review Commission approved the settlements amounting to $181,200, the largest penalty amounts recovered from a mine operator in New England in the past decade.

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The Bad Samaritan

A Look At The Bystander Effect And How It Occurs In The Workplace.

By Randy K Logsdon

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EAJA Fees Not Available Where Secretary Vacated Seven Citations

By Ellen Smith

A small limestone operator is not entitled to EAJA fees where the Secretary vacated seven citations issued against the operator after the MSHA inspector was no longer available to testify at a hearing, the D.C. Circuit Court of Appeals ruled April 19.

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Judge Rules That Manufacturer, Subsidiary Companies Are “One Operator”

By Ellen Smith

In a stunning ruling that may impact any company with subsidiaries that operates in the mining industry, Judge Kenneth Andrews determined on March 9 that Austin Powder Co. and it’s U.S. subsidiary companies function as one “operator” for purposes of the Mine Act, and the subsidiaries are not separate entities that function independently.

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