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Results: 1-10 of 14

Temporary economic reinstatement not a preliminary remedy in a miners' discrimination case

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 12 2014

Administrative Law Judge ("ALJ") David Simonton recently held that a miner's demand for "temporary economic reinstatement," instead of accepting

Lies, damn lies and statistics: the truth behind MSHA penalty challenges

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 2 2009

The Mine Safety and Health Administration ("MSHA") recently released a document entitled "Contested Penalty Date - FY 2008-2009" containing data on the disposition of cases contested before the Federal Mine Safety and Health Review Commission ("Commission"

Dusting off concerns about silica: fracking, OSHA, and silica dust concerns

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • June 26 2012

On June 21, 2012, the Occupational Safety and Health Administration issued a Hazard Alert on ensuring that employers in hydraulic fracturing operations take appropriate steps to protect workers from silica exposure

Political enforcement v. due process: does the victor create safety for our nation's miners?

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • May 20 2010

Since 2006, the mining industry in the United States has experienced several tragic events

Upper Big Branch mine explosion and the federal response - how will federal actions ultimately impact West Virginia’s coal mining industry?

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • June 1 2010

This is part one in a series discussing the UBB mine explosion, the federal response, the potential federal response, and the possible impact on the West Virginia coal industry

MSHA’s flagrant assessments: the tide of arbitrary enforcement is turning

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • October 2 2012

Mine operators across the United States have all shuddered at the news of MSHA issuing an exorbitant flagrant penalty assessment and have wondered when their operations could be next

Rock talk: truck scales not a road under MSHA’s berm standard

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • May 14 2012

Administrative Law Judge Thomas McCarthy gave a win for the industry in a decision vacating a citation issued to Knife River’s MBI Portable Crusher No. 1

White Paper on MSHA's proposed regs - 30 CFR Part 66

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • October 6 2008

The comment period has been extended to October 29, 2008 and a public hearing has been scheduled for October 14, 2008

Mining's patchwork quilt of drug-free laws

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • August 11 2009

It's the rare coal company that has not encountered illicit drug use among its employees

Guilty until proven innocent: denial of due process in the MSHA conference process

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • February 9 2010

When the Mine Safety and Health Administration ("MSHA") issued Program Information Bulletin ("PIB") No. P09-05 on March 27, 2009, the due process rights of the mine operators suffered another devastating blow