Yesterday, the Court of Appeals for the 6th Circuit denied the mining industry's request to stay implementation of MSHA's new POV final rule, pending its review of the rule. Essentially, the Court of Appeals found that enforcement of the rule would not cause irreparable harm to the mining industry during the pendency of the appeal.
Last week, I hosted the first edition of Fisher Phillips’ new monthly webinar series – “Workplace Safety Wednesdays.” I discussed recent decisions of the Federal Mine Safety and Health Review Commission, MSHA's new Miners' Rights Guide, updates to the HazCom standard, and other topics of interest. I hope you were able to attend and enjoyed the webinar as much as I did.
MSHA announced on September 25, 2013, the release of a new Guide for Miners' Representatives. According to MSHA, this Guide is a "comprehensive tool" that expands upon the Guide to Miners' Rights and Responsibilities, released in June 2011. Assistant Secretary Joseph A. Main stated "A good safety and health program depends upon the active participation and interest of everyone at the worksite. In order to help decrease workplace deaths, injuries, and illnesses, miners and their representatives must have sufficient knowledge of their rights so that they can fully and properly exercise them." MSHA provided more detailed information about: reporting hazardous conditions and imminent dangers, accident investigations, understanding the elements of discrimination under Section 105(c) of the Mine Act, health and safety training, petitions for modification of a safety standard, rights to information and records, civil penalties and requests under the Freedom of Information Act.
After a more contentious meeting during the Congressional Field Hearing, MSHA agreed to meet with the mining industry in a less formal setting to discuss ideas to build a better partnership between the Agency and the industry. On Thursday, August 22, 2013, members of the North Carolina Aggregates Association (NCAA), Mining Association of South Carolina (MASC), and Virginia Transportation Construction Alliance (VTCA) met with Marvin Lichtenfels, Acting Administrator for Metal/Non-Metal, Sam Pierce, Acting District Manager for SE District (until September), and Doniece Schlick, Acting District Manager for SE District (beginning in September). There were many great ideas proposed at the meeting, some of which MSHA has agreed to consider and/or implement in the near future.
MSHA issued a new Program Policy Letter on August 13, 2013, clarifying that mine operators that comply with OSHA's HazCom Standard are also in compliance with MSHA's HazCom Standards, found at Part 47. Part 47 requires that mine operators identify chemicals, make a hazard determination, ensure that containers of hazardous chemicals have labels, have and make available a Material Safety Data Sheet (MSDS) for each hazardous chemical used or produced at the mine, and instruct miners on the physical and health hazards of the chemicals in the miners' work area, protective measures, and contents of the HazCom program.
This post discusses the most recent decision of the Federal Mine Safety and Health Review Commission ("Commission") regarding the appropriate legal standard for significant and substantial ("S&S") designations. Mine operators should make sure they are aware of the Commission's interpretation of the Mathies test as it evolves so that they can point out instances when the test is misapplied before an Inspector issues a citation.
The Commission's ...
Do you ever feel like you're alone in experiencing inconsistent or heavy-handed MSHA enforcement? If so, there's a new website where mine operators from around the country are able to share their experiences, post citations they have received, and learn more about MSHA enforcement nationwide.
UPDATE: On August 1, 2013, the full Senate by unanimous consent confirmed Robert F. Cohen Jr. and William I. Althen to serve on teh Federal Mine Safety and Health Review Commission.
A few weeks ago, I blogged about a Congressional Field Hearing to be held in North Carolina about "Building a Better Partnership" between the industry and MSHA. The hearing was held on June 21 and three industry representatives were able to publicly disclose some of the many issues presented by the current MSHA administration. Though it remains unclear whether Congress will take any action as a result, this hearing represents an important step toward ...
First of all, yes, I'm telling you that (at least in most cases) suing your former employees may not be the best labor relations strategy, unless of course they are violating a valid non-compete or misappropriating your Company's trade secrets. Recently, a coal company learned that suing a former employee for filing a "fraudulent" discrimination complaint can be a violation of the Mine Act.
In Armstrong Coal Company, Judge Feldman found that the Mine Act ...