Is Electronic Surveillance Of Employees Impairing Employees’ Ability To Engage In Protected Activity? By Brian Hendrix and Terry Potter In 2022, unions represented just 6.8% of employees in private industry. Organized labor’s share of the workforce in the “mining, quarrying and oil and gas extraction” category was only slightly higher at 7.7%. Even in coal, unions only represent roughly 15%…
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2022 Was A Better Year
The Promise and Limitations of Data on Mine Safety and Health. By Brian Hendrix While I wouldn’t describe 2022 as a great year for the mining industry, it beat 2021 in a number of important ways. First, we put another year between us and the pandemic. Time heals all, I hope, so I’ll put that in the win column. Second,…
Read MoreWhat Is MSHA Doing With The Silica Rule?
MSHA Must Continue To Recognize Engineering Controls As The Primary Means To Eliminate Respirable Dust Within The Mine Atmosphere And Achieve Compliance. By Brian Hendrix Just a few days after the midterm elections in 2022, Sen. Joe Manchin and four of his colleagues in the Senate sent a letter to MSHA Assistant Secretary Chris Williamson to “formally request additional information…
Read MoreRenewable Energy Is Mined, Not Grown
Mining Probably Isn’t One Of The First Things That Comes To Mind When People Think About Renewable Energy Sources, But It Should Be. By Brian Hendrix By 2035, the Biden administration expects the United States to generate “100% carbon pollution free electricity.” Longer term, the administration’s ultimate goal is “net-zero emissions no later than 2050.” I doubt that “carbon free”…
Read MoreTell Me How You Really Feel
Reddit Users Offer Advice To A New MSHA Inspector With Absolutely No Mining Experience. By Brian Hendrix In August, I covered MSHA’s program to recruit new inspectors who don’t have any mining experience (MSHA is hiring! No Experience Necessary). First, I swear I’m not rcsrobb657! Second, while you may find better information via Reddit than you would if you just…
Read MoreTechnology Policy
Does MSHA Enforcement Curb The Adoption Of Developments In Mobile Equipment Safety? By Brian Hendrix Last September, MSHA proposed a new rule on powered haulage safety, the “Safety Program for Surface Mobile Equipment” rule. MSHA has since held a (virtual) public hearing on the proposed rule, received several dozen comments from a range of industry stakeholders and is working on…
Read MoreMSHA’s New Enhanced Enforcement Program is ‘Something’
By Brian Hendrix Earlier this year, the Mine Safety and Health Administration (MSHA) rolled out its “Enhanced Enforcement Program.” If this is news to you, you’re in good company. MSHA didn’t and still hasn’t done much to publicize it. Word of the program has been circulating informally since early April, along with a written description dated Feb. 28, 2022. Then,…
Read MoreMSHA is Hiring! No Experience Necessary
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…
Read MoreMSHA Targets Silica
MSHA’s New Silica Enforcement Initiative: Not Really New, Just More of the Same. By Brian Hendrix Once again, silica is at the top of MSHA’s current enforcement and rulemaking agendas. MSHA has long been working on a new silica rule to reduce the current PEL for respirable silica by 50% (or more), but that’s not expected until late summer or…
Read MoreHaul 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…
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