Company 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 More

You 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 More

Operators 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 More

Request 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…

Read More