We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 35

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


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


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


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


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


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


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


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


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


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