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Results: 1-10 of 35

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"


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


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


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


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


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


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


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