Increase in MSHA Penalties

Jan. 14, 2022 – On Jan. 14, the U.S. Department of Labor published a final rule in the Federal Register that will increase Mine Safety and Health Administration (MSHA) civil monetary penalties by 1.06222%. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the department to adjust its civil monetary penalty levels for inflation annually no later than Jan. 15 of each year.…

Read More

Penalties Cut Where Contractor Was Responsible for Housekeeping

By Ellen Smith ALJ David Barbour upheld eight citations issued against Northshore Mining Co.’s mine in Silver Bay, Minn., and vacated one guarding citation for lack of fair notice. The Secretary and company settled 25 additional violations stemming from multiple inspections that occurred between January 2013 and August 2013 for fines totaling $27,626, down from MSHA’s $79,023 in proposed penalties.…

Read More

VPID Formula Skews Fines for Small Operators

By Ellen Smith In a decision rejecting the way MSHA determines penalties, ALJ Michael Zielinski essentially threw out MSHA’s use of “violations per inspection day” for small operations, stating that the federal agency’s formula skews the violation history of small mines, and can lead to higher penalties.

Read More