Mining Matters

What is an Injury with a Reasonable Potential to Cause Death?

Among MSHA’s most onerous requirements is that mine operators must report an “injury with a reasonable potential to cause death” to the agency within 15 minutes. But, what is an “injury with a reasonable potential to cause death?” Neither the Mine Act or MSHA’s regulations provide any definition. And caselaw points in different directions. A recent Review Commission decision, where the Commissioners split 2-2 in result, highlights this uncertainty. In this episode, Arthur and Chris review the law surrounding the immediate notification requirement, discuss the recent Review Commission decision, and offer tips for operators to navigate this confounding but critical requirement.

New Year, New Rule: What’s in Store with MSHA’s New Surface Mobile Equipment Standard

MSHA released its long-awaited rule on surface mobile equipment just before the end of 2023. The rule, which applies to both the coal and metal/non-metal sectors, will require operators to develop safety programs on surface mobile equipment, designate responsible persons to oversee those programs and update them at least annually. Operators can expect MSHA inspectors to review their programs during regular inspections. In this episode, Chris and Arthur review the particulars of the new rule and offer insights as to what it may look like in practice. They also offer tips for operators to prepare for the rule’s implementation both for the July 19 compliance date and for ongoing compliance after that.

MSHA FY2023 Data: What does it all mean?

In early December, MSHA released its mine safety data for FY2023, ending September 30, 2023. The data includes a look at the number of mines and miners, as well as enforcement trends and accident and injury numbers. MSHA also provides a 7-year look back for similar information. What does all this data mean? In this episode, Chris and Arthur decipher these numbers and discuss these numbers and how this data compares to recent years, as well as current mine safety and health industry trends. Finally, in addition to MSHA’s numbers, Fisher Phillips’s MSHA Violations Tracker includes a comprehensive dataset of violations that have occurred since January 1, 2022 as reported by the Department of Labor.

Mine Safety from the Nevada Mining Association Perspective

In this episode, Arthur and Chris welcome a special guest, Joseph Riney, Vice President of Operations at the Nevada Mining Association to discuss how the association works to represent its members' interests in public policy and mine safety. The group discusses a wide range of issues, including educating Nevadans about the mining industry, the current state of mine safety policy, and developments that may be on the horizon. The group also considers how mine operators can take part in their own state associations, participate in the rulemaking process, and monitor new policy initiatives as they unfold. This lively discussion emphasizes the impact that these developments have on the day-to-day work toward mine safety throughout the state of Nevada and the country.

The D.C. Circuit’s KC Transport Decision: More Questions than Answers

The D.C. Circuit Court of Appeals issued its long-awaited decision regarding whether MSHA has jurisdiction over a trucking company’s facility that exists off mine property. And while many expected the Court to provide meaningful guidance on MSHA’s jurisdictional reach to non-mining companies and non-mine locations, the Court’s decision actually answers very little. Instead, the Court asked MSHA to further consider certain issues, presumably setting up a second round of litigation. In this episode, Arthur and Chris discuss the important jurisdictional issues in the case, the significance of the Court’s decision and what we can expect going forward.

How Does Rulemaking Work?

With publication of MSHA’s long-anticipated proposed silica rule, Chris and Arthur discuss the process of rulemaking that results in new regulations. They discuss the legal framework put forth by the Administrative Procedure Act and how that process plays out in the real world. Finally, they discuss the opportunities for interested parties to participate in the rulemaking process and why it is so important that they do.

Training is Key to Mine Operators’ Safety and Compliance Efforts

Training is among the primary responsibilities that mine operators face. MSHA’s regulations include a number of necessary trainings, with substantive requirements for each. Beyond MSHA, it is incumbent upon mine operators to provide the best training they can so that miners are working safely. The issue of training has taken on an even greater focus of late, both due to challenges of newer workers in the workforce and MSHA points of emphasis. This month, Arthur and Chris welcome DJ Schmutz and Jenifer Padgett from MSHA Safety Services to discuss all things training, including regulatory requirements, ongoing challenges, and best practices to provide the most useful training for your workforce.

Mental Health in Mine Safety: Steps you Can Take and Tools you Can Use

May is Mental Health Awareness Month and following up on the success of last year’s episode on Promoting Mental Wellbeing in the Workplace, our team is back to bring practical steps to mine operators. This month, Chris and Arthur welcome back our colleague Raeann Burgo to offer her expertise on workplace mental health. We review why promoting health is so important in the mining industry and offer a practical roadmap mine operators can take to support their employees in this important area.

What’s New in Mine Safety? A view from the Nation’s Capital

In this episode, Arthur and Chris welcome a special guest, Paul Krivokuca, Vice President of Health and Safety at National Mining Association to discuss how policy-level developments in Washington, DC related to mine safety. The group discusses a wide range of issues, including the current state of mine safety policy, developments that may be on the horizon and how mine operators can take part in the process as new policy initiatives unfold. This lively discussion emphasizes the impact that these developments in D.C. have on the day-to-day work toward mine safety throughout the country.

Five Mine Safety Predictions for 2023

As our MSHA team discussed in our new year prediction insight, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change, retirements throughout the inspector ranks, and an anemic regulatory agenda, MSHA now appears to be pointed in a new and more robust direction. What do we expect to see in the new year? During this episode, Chris and Arthur discuss their best estimation on the five most likely agency actions and changes that operators can expect in 2023 in key areas including the regulatory agenda, enforcement, and policy.