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Results: 1-10 of 46

Secretary of Labor Challenges Commission Authority to Review Adequacy of Settlements
  • Dinsmore & Shohl LLP
  • USA
  • September 14 2016

Section 110(k) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”) provides that settlements of proposed penalties must be approved by the


Defending MSHA enforcement actions part II: "Unwarrantable failure -- MSHA's hammer, or how to avoid being nailed"
  • Dinsmore & Shohl LLP
  • USA
  • May 13 2009

The elevated enforcement actions of sections 104(b), 104(d), 104(g), and 107(a) of the Mine Act continue to be well-used hammers in MSHA's arsenal


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


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


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


Abating the Abatement Process of MSHA Enforcement Actions
  • Dinsmore & Shohl LLP
  • USA
  • August 15 2016

Mine operators are often faced with difficult choices when faced with citation and order abatement deadlines imposed by MSHA inspectors. These


Navigating the 2015 work place examination
  • Dinsmore & Shohl LLP
  • USA
  • October 5 2015

In Section 2 of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), Congress declared that mine operators, with the assistance of the miners


A Practical Look at the Impact of MSHA’s Proposed Rule on Workplace Examinations in MetalNonmetal Mining Operations
  • Dinsmore & Shohl LLP
  • USA
  • June 16 2016

Less than a year ago, in response to a rise in metalnonmetal fatal accidents, Joe Main, the Assistant Secretary of Labor for Mine Safety and Health


Miners’ discrimination complaints: what’s an operator to do?
  • Dinsmore & Shohl LLP
  • USA
  • March 14 2014

Mine operators across the United States are facing an unprecedented number of miners' discrimination complaints filed under Section 105(c) of the


Second ALJ dismisses late-filed penalty petition
  • Dinsmore & Shohl LLP
  • USA
  • May 21 2012

Administrative Law Judge Susan Biro joined Administrative Law Judge Thomas McCarthy in dismissing a penalty petition because the Secretary of Labor failed to file the petition within 45 days of a timely contest of a proposed penalty assessment