MSHA May Be Hiring, But It Should Only Be Interested In Experienced Miners. By Brian Hendrix Across the board, the labor market is tight, and that’s particularly true in the mining industry. Miners are in short supply. Mine operators are hiring. MSHA is also hiring, but MSHA should only be interested in experienced miners. The Federal Mine Safety and Health…
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Haul Trucks and Hammers Aren’t Mines
Does MSHA Have Jurisdiction Over Them Forever, Wherever They Go And However They Are Used? By Brian Hendrix If a haul truck or a hammer is used for mining or used at a mine, does MSHA have jurisdiction over them forever, wherever they go and however they are used? Put differently, does “jurisdiction follow equipment if it travels away from…
Read MoreMine Act Clear on Commission’s Role in Settlements
By Ellen Smith In a unanimous decision on Aug. 25, 2016, the Review Commission held that it has the exclusive authority to oversee settlements of contested penalty cases, based on the “very clear” language of Sect. 110(k) of the Mine Act.
Read MoreMine Act Permits Access to Personnel Records in Discrimination Investigation
By Ellen Smith A divided Review Commission ruled that MSHA can demand copies of certain personnel records not required to be kept under the Mine Act if the records assist in determining compliance with the anti-discrimination provisions of the Act.
Read MoreCompany Ordered To Turn Over Employee Contact Information
By Ellen Smith In a split decision, the Federal Mine Safety and Health Review Commission found that MSHA has the right to request employee contact information to interview mine employees who may have knowledge about conditions in a mine where MSHA was conducting a 110(c) investigation, and where dangerous conditions existed over multiple shifts and for several days.
Read MoreYou 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…
Read MoreA Good Safety Record is Not A Mitigating Factor in Lowering Penalties
By Ellen Smith A good safety record at a quarry, and having an injury-free operation, is not a mitigating factor in determining final penalties for violations of the Mine Act, Review Commission ALJ Alan Paez ruled in a case involving the Campbell County, Tenn., Highway Dept. located in Jacksboro, Tenn.
Read MoreOperators Must File Accident Reports of Contractors Under Their Control
By Ellen Smith The unambiguous language of accident reporting requirements of §50.20(a) impose an unconditional duty of operators to submit accident reports to MSHA when contractor employees are injured at the operator’s mine when those employees are under the control of the operator, according to a ruling of the 4th U.S. Circuit Court of Appeals.
Read MoreRequest for Depositions Denied Where Case Designed for Simplified Proceeding
By Ellen Smith R eview Commission Judge William Moran denied a construction company’s motion to conduct depositions where a case was designated for a simplified proceeding under Commission Rule 29 CFR §2700.101. Rule 101 requires that cases designated for Simplified Proceedings not involve fatalities, injuries, or illnesses, and generally include one or more of the following characteristics: the case involves…
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