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Miner Act 2010?

Ogletree Deakins
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USA
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July 15 2010

The House Education and Labor Committee, chaired by Representative George Miller of California, recently drafted a bill (H.R. 5663) entitled the “Miner Safety and Health Act of 2010.”

Issues of fairness with regular and special assessments review

Ogletree Deakins
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USA
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October 26 2011

By law, civil penalties can become final only when approved by the Federal Mine Safety and Health Review Commission

“Broken” pattern enforcement “fixed”

Ogletree Deakins
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USA
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September 28 2010

On September 28, the federal Mine Safety and Health Administration (MSHA) issued new screening criteria for the formidable pattern of violations enforcement provisions of the Federal Mine Safety and Health Act

Court finds private person can be held liable for negligent inspection

Ogletree Deakins
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USA
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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
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USA
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March 5 2013

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

MSHA update: criminal conspiracy charged

Ogletree Deakins
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USA
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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.”

No-fault liability extended to independent contractors

Ogletree Deakins
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USA
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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

Employer entitled to hearing on temporary reinstatement

Ogletree Deakins
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USA
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June 8 2012

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

End of temporary reinstatement - that was not temporary

Ogletree Deakins
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USA
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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

Call for public hearings for accident investigations subpoena power

Ogletree Deakins
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USA
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November 22 2011

The UMWA is calling for MSHA to conduct public hearings after accidents which would represent a significant change in agency procedure

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