What Does Loper Bright Enterprise v. Raimondo Mean To Future Regulatory Action? By Brian Hendrix Did you see the news about Chevron and Loper Bright? “Supreme Court takes a sledgehammer to federal agency power!” Court’s decision to overrule Chevron will “paralyze federal agencies” and generate a “tsunami of lawsuits!” To borrow a phrase, “big, if true.” Unfortunately (or fortunately, depending…
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MSHA’s New Health Resources Locator
The Connection Between Agency’s New Tool, Shrimp Treadmills and Cocaine-Addicted Quails. By Brian Hendrix The Mine Safety and Health Administration (MSHA) isn’t a healthcare agency. It doesn’t employ doctors, nurses or healthcare professionals. It doesn’t provide healthcare or medical services. It doesn’t certify or rate healthcare providers. Information about healthcare providers isn’t hard to find. It is readily available to…
Read MoreMine Manager Pleads Guilty to Second-Degree Manslaughter
An upstate New York court accepted a mine manager’s guilty plea today to manslaughter in the second degree, a Class C felony. Anthony Valente, a mine manager at a Grafton limestone quarry, admitted to causing Darren Miller’s death in October 2022 by recklessly disregarding and overriding safety features of a crane Valente was operating, which resulted in a piece of…
Read MoreMSHA’s Silica Rule
Exploring The Depths Of Bad Rulemaking. By Brian Hendrix On April 18, MSHA published its final rule on respirable crystalline silica (Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection). Two days before the publication, the Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health and union leaders to announce the release of…
Read MoreIn California, Are Sand And Gravel ‘Minerals’?
A New California Appellate Decision Broadly Interprets Mineral Rights Reservations In Grant Deeds To Include Sand And Gravel. By Mhare O. Mouradian, MaryBeth Heydt and Destinee Burrell As goes California, so goes the nation? When interpreting general mineral reservations in grants or deeds, California courts have not, until recently, considered sand and gravel – aggregate – a “mineral.” That changed…
Read MoreShow Me Your Badge!
Here’s A Story About An Operator Who Called Local Law Enforcement On A Field Office Supervisor Who Refused To Present His Credentials. By Brian Hendrix A reader in the industry recently asked me for my take on his practice of asking MSHA inspectors for their credentials. He explained that he asks for an inspector’s credentials, either an authorized representative (AR)…
Read MoreMSHA Tackles Social Media
Right Now, MSHA Isn’t Reaching Many People Via Social Media In Any Category, And I Doubt That’ll Change Anytime Soon. By Brian Hendrix Do you follow MSHA on X, the social media platform formerly known as Twitter? Are you Facebook friends with MSHA? Have you downloaded MSHA’s “Miner Safety and Health App”? If you answered “yes” to any of those…
Read MoreMSHA’S New Safety Program For Mobile Equipment Rule
Nothing Says ‘Happy New Year!’ Quite Like A Brand New Regulation From Your Friendly, Neighborhood Enforcement Agency. By Brian Hendrix To close out 2023, MSHA published a new rule, Safety Program for Surface Mobile Equipment. This latest contribution to the Code of Federal Regulations requires all mine operators to develop, implement and update a written safety program for surface mobile…
Read MoreUnsafe Acts By MSHA Inspectors?
What Happens When An MSHA Inspector Engages In An Unsafe Act, Violates A Standard Or Refuses To Comply With The Rules? – And Other Questions. By Brian Hendrix Is an MSHA inspector required to sign-in and sign-out like every other visitor to a mine? Is an MSHA inspector required to comply with MSHA regulations requiring personal protective equipment? Is an…
Read MoreWhat Is A “Miners’ Representative”?
The Answer Isn’t Obvious And Would Likely Surprise Anyone Who’s Not Familiar With The Mining Industry. By Brian Hendrix What is a miners’ representative? Are they selected, elected, designated or authorized? How? By whom? Are they affiliated with a union or represent union members? A miners’ representatives must at least be an experienced miner, right? Currently employed as a miner…
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