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Management Working for LLCs Subject to Personal Liability Under Mine Act

By Ellen Smith

Citing the legislative history of the 1969 and 1977 Mine Acts, along with corporate laws of several states, the Federal Mine Safety and Health Review Commission has ruled that “agents” working for companies who are limited liability corporations can be charged under the Mine Act’s 110(c) provisions.

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Actions, Not Words, Reveal MSHA’s Intent

By James Sharpe

There seems to be a mixed message coming from the Mine Safety and Health Administration (MSHA) about how it is going about fulfilling its mission to assure miners return home safe and healthy from work every day.

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New Employees Shall Be Indoctrinated

By Randy Logsdon

Part 48 and Part 46 have been described by a number of adjectives – comprehensive, complex, confusing, rigid, soft, flexible and intrusive among others. The fact that there are two training standards enforced by the same agency can raise interesting application questions and interesting enforcement questions. But there is a third, more obscure training standard in the metal/non-metal mining regulations that seems to get little attention.

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ALJ Uphold Penalties for ‘Travelway’ Violations

By Ellen Smith

Penalties of $1,526 were affirmed against Oil-Dri Corp. by Federal Mine Safety and ALJ Priscilla M. Rae for two citations at its Simpson Clay Mine in Georgia, where the ALJ had to determine whether certain areas were “travelways.”

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