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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

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

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

MSHA flagrant violation policy for $220,000 penalties rejected

Ogletree Deakins
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USA
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December 21 2011

When MSHA announced its enforcement policy for how it would define “flagrant violation,” it seemed apparent that this would eventually be challenged in the courts

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

Call for felony prosecution power for MSHA violations

Ogletree Deakins
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USA
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November 22 2011

In a floor speech on November 2, 2011, Representative George Miller (D-CA), a leading advocate of new and tougher mine safety legislation, argued to Congress that the Federal Mine Safety and Health Act should be changed to allow mine safety violations to be prosecuted as felonies

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

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.”

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