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Results: 1-10 of 44

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


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


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


Safety Defects, Examination, Correction and Records: The Correlation Between 30 C.F.R. Section 5657.14100 and Pre-Operational Examinations
  • Dinsmore & Shohl LLP
  • USA
  • March 18 2016

Pre-operational examinations of mobile equipment are a cornerstone of most miners’ daily activities. It goes without saying that performing a


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


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


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


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"


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