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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

MSHA

Ogletree Deakins
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USA
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August 20 2012

In a highly-anticipated decision involving two sets of consolidated contest proceedings, the Federal Mine Safety and Health Review Commission has affirmed a May 2011 ALJ order that upheld a broad interpretation of MSHA’s authority to compel a mine operator to produce documents and information during an MSHA inspection

Final electric power transmission and distribution and electrical protective equipment rule goes to OMB

Ogletree Deakins
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USA
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August 20 2012

After over 12 years of rulemaking, on June 27, 2012, the draft final rules for the general industry power transmission standard, 29 C.F.R. 1910.269, and the construction standard for power transmission and distribution, 29 C.F.R. 1926 Subpart V were sent to the White House’s Office of Management and Budget (OMB

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