NLRB’s New Take on Electronic Surveillance of Employees

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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What 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…

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Renewable 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”…

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Technology 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…

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MSHA’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,…

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MSHA 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…

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