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Results: 1-10 of 35

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


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


MSHA workplace examinations a front burner issue for metal and nonmetal mines
  • Dinsmore & Shohl LLP
  • USA
  • May 8 2015

In late 2014, the Mine Safety and Health Administration published its regulatory agenda for 2015. MSHA will consider how operators perform workplace


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


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


MSHA inspection failures may spur increases to inspection activities
  • Dinsmore & Shohl LLP
  • USA
  • February 12 2013

Two recent news items shine a spotlight on MSHA, its inspection corps, and several publicly acknowledged inspection failures. On February 5, 2013


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


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


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


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