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Results: 1-10 of 16

Miners can prevent fatal accidents

  • Ogletree Deakins
  • -
  • USA
  • -
  • May 27 2014

With a momentary lapse of attention, any of us can cause a grave accident--at home, in a vehicle, on vacation, or at work. Miners must be ever

Tracking patterns of violations in mines

  • Ogletree Deakins
  • -
  • USA
  • -
  • August 23 2013

In the mining industry MSHA enforcement of "pattern of violations" sanctions can be devastating to a mine operator's business. Every operator is

MSHA demands for company files upheld by Federal Appellate Court

  • Ogletree Deakins
  • -
  • USA
  • -
  • August 1 2013

"Congress has given . . . MSHA powerful tools to protect miners. Those tools include demands to inspect documents." That is what the United States

Escalating enforcement by MSHA of prohibition against advance notice of inspection

  • Ogletree Deakins
  • -
  • USA
  • -
  • June 3 2013

Section 103 of the Federal Mine Safety Act requires the Secretary of Labor to conduct frequent inspections and investigations at mines. It further

Court finds private person can be held liable for negligent inspection

  • Ogletree Deakins
  • -
  • USA
  • -
  • March 14 2013

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is

MSHA revises pattern of violation criteria

  • Ogletree Deakins
  • -
  • USA
  • -
  • March 5 2013

Here is the good news: "MSHA acknowledgesthe majority of mine operators are conscientious about providing a safe and healthful work

End of temporary reinstatement - that was not temporary

  • Ogletree Deakins
  • -
  • USA
  • -
  • November 27 2012

In Vulcan Construction Materials v. Federal Mine Safety and Health Review Commission, the Seventh Circuit Court of Appeals eliminated a grossly unfair burden from Vulcan and many other companies

Employer entitled to hearing on temporary reinstatement

  • Ogletree Deakins
  • -
  • USA
  • -
  • June 8 2012

Summary decision is not a substitute for a hearing in a temporary reinstatement case where the responding party requests a hearing

No-fault liability extended to independent contractors

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 27 2012

The District of Columbia Circuit Court of Appeals has ruled that an independent contractor may be held liable for a violation on mine property even if the contractor was not at fault

MSHA update: criminal conspiracy charged

  • Ogletree Deakins
  • -
  • USA
  • -
  • February 29 2012

An information filed on February 22, 2012 in U.S. v. May states: “MAY, together with others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together with each other to defraud the United States and an agency thereof, to wit, to hamper, hinder, impede, and obstruct by trickery, deceit, and dishonest means, the lawful government functions of DOL and MSHA in the administration and enforcement of mine health and safety.”