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.
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 ...
The Mine Safety and Health Administration (MSHA) recently released a Final Rule (summary version/full version) that significantly changes the way the Agency charged with protecting America's miners uses one of its most powerful enforcement tools: pattern of violations (POV). Under the Mine Act, MSHA has the authority to issue a pattern of violations notice to mine operators with a pattern of recurrent significant and substantial (S&S) violations.