Ogletree Deakins | USA | 11 Nov 2014
A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines Four underground employees on…
Ogletree Deakins | USA | 27 May 2014
With a momentary lapse of attention, any of us can cause a grave accident--at home, in a vehicle, on vacation, or at work. Miners must be ever…
Ogletree Deakins | USA | 23 Aug 2013
In the mining industry MSHA enforcement of "pattern of violations" sanctions can be devastating to a mine operator's business. Every operator is…
Ogletree Deakins | USA | 5 Mar 2013
Here is the good news: "MSHA acknowledges…the majority of mine operators are conscientious about providing a safe and healthful work…
Ogletree Deakins | USA | 27 Nov 2012
In Vulcan Construction Materials v. Federal Mine Safety and Health Review Commission, the Seventh Circuit Court of Appeals eliminated a grossly unfair burden from Vulcan and many other companies.
Ogletree Deakins | USA | 8 Jun 2012
Summary decision is not a substitute for a hearing in a temporary reinstatement case where the responding party requests a hearing.
Ogletree Deakins | USA | 21 Dec 2011
When MSHA announced its enforcement policy for how it would define “flagrant violation,” it seemed apparent that this would eventually be challenged in the courts.
Ogletree Deakins | USA | 22 Nov 2011
In a floor speech on November 2, 2011, Representative George Miller (D-CA), a leading advocate of new and tougher mine safety legislation, argued to Congress that the Federal Mine Safety and Health Act should be changed to allow mine safety violations to be prosecuted as felonies.
Ogletree Deakins | USA | 22 Nov 2011
The UMWA is calling for MSHA to conduct public hearings after accidents – which would represent a significant change in agency procedure.
Ogletree Deakins | USA | 26 Oct 2011
By law, civil penalties can become final only when approved by the Federal Mine Safety and Health Review Commission.