Mining Matters

MSHA's Conferencing and Litigation Program has undergone significant changes over the last couple of months. In this episode, Arthur and Chris discuss these changes and how operators can adjust their approach to dealing with CLRs when conferencing or contesting citations. They also provide an important update regarding the litigation process as the Federal Mine Safety and Health Review Commission has undergone staffing and structural reorganizations.

The Mine Safety and Health Administration (MSHA) has jurisdiction over “mines” and mining and milling processes. But there is no bright line as to when MSHA has jurisdiction and when it does not. Instead, determinations are made on fact-specific case-by-case bases. Two recent court decisions highlight the factors considered in jurisdictional determinations: The D.C. Circuit’s KC Transport decision and the Review Commission’s Cactus Canyon decision. In this episode, Arthur and Chris will discuss these recent decisions, what lessons may be drawn and what it means for the mining community going forward.

May is Mental Health Awareness Month and the Mining Matters podcast welcomes back Raeann Burgo to discuss mental health in the workplace. This month, Raeann, Arthur and Chris engage in a wide-ranging discussion on current topics, including workplaces stressors related to AI, increased levels of burnout and managing re-entry into the workplace after a crisis. We hope employers find this information useful in promoting mental wellbeing in their workplaces.

April is Workplace Violence Prevention Month and on this episode, we welcome Workplace Safety Attorney Kristin White and Active Attack Prevention Consultant Kris Sacra to discuss the topic. We discuss what workplace violence is, current trends in this area and, most importantly, what steps employers can take to keep their workplaces safe. We hope you find this episode useful in addressing this important topic at your workplace.

Last month, we discussed the details of the litigation process when contesting an MSHA citation. But most contested citations never actually proceed to court. This month, Arthur and Chris discuss settlement of an MSHA citation, both in informal conferencing and during the contest process. They discuss both procedural considerations and how operators can best positions themselves to get favorable results.

Contested MSHA citations that do not settle proceed to a hearing before an Administrative Law Judge (ALJ) with the Federal Mine Safety and Health Review Commission (FMSHRC). What does a hearing look like? In this episode, Arthur and Chris walk through the hearing process and give insights into how mine operators can best position themselves in case the need for a hearing arises.

As the calendar flips to 2026, operators can expect a lot of developments in mine safety. With new leadership at MSHA and changes to the Review Commission, 2026 is shaping up to be an impactful year. In this episode, Chris and Arthur give an overview of the key issues they’ll be tracking in 2026 and offer their thoughts on what changes the regulated community may see.

Mine operators are aware that certain immediate legal steps may be required in the immediate aftermath of a serious incident. But what steps should be taken to protect the company’s long-term interests and reputation when a crisis occurs? In this episode, Arthur and Chris welcome Rick Grimaldi, attorney and Co-Chair of Fisher Phillips’ Reputation and Crisis Management Practice Group, to discuss these issues. Rick offers key insights into the risks to guard against and immediate steps that may be taken should a crisis occur. The group also discusses how companies can plan and train when no crisis is occurring so they are best prepared should the need to act arise.

With the ongoing lapse in federal funding, much of the federal government is not working. This has a direct impact on MSHA (Mine Safety and Health Administration). While inspection and investigation activity continues, other functions at MSHA are not operating. So, what are mine operators to do? In this episode, Arthur and Chris review what the federal shutdown means for operators, what ongoing responsibilities remain, and how mine safety personnel can best proceed during this unusual time.

Mine operators are familiar with the process of inspectors visiting the mine to ensure that a cited condition has been abated. But what if operators could demonstrate abatement by sending information to MSHA (Mine Safety and Health Administration) instead of having inspectors return? This process is typical in the OSHA context and was recently raised as a possibility for MSHA. In this episode, Arthur and Chris explore this possibility for MSHA, what challenges it might pose and what questions would need to be answered if it is rolled out.