Episodes
Monday Feb 27, 2023
Five Mine Safety Predictions for 2023
Monday Feb 27, 2023
Monday Feb 27, 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.
Thursday Jan 19, 2023
You Settled Your Case, Right?
Thursday Jan 19, 2023
Thursday Jan 19, 2023
This episode is Part Two of a two-part series discussing conferencing and the settlement process. Did you know that once you reach a settlement with a Conference Litigation Representative or Solicitor, it has to be approved by an Administrative Law Judge? The issue of settlement approval has been the subject of cases before the Review Commission for a number of years, and several more cases are currently pending. Chris and Arthur discuss the approval process and inform operators of what they should be aware of to get approval for a settlement agreement, including best practices for providing good information that justify terms of a settlement agreement. They also discuss trends in caselaw on the topic of settlement approval and what it means for operators going forward.
Monday Dec 19, 2022
Navigating the MSHA Conferencing Process
Monday Dec 19, 2022
Monday Dec 19, 2022
In this episode Arthur and Chris discuss the MSHA conferencing process under 30 C.F.R. Part 100. While it can be a mystery at times, they describe the basics of the process and what operators can expect when they seek to informally discuss a citation or order with MSHA. Arthur and Chris begin by outlining the requirements of requesting a conference and provide useful insight for what to include in a conference request. They then discuss some best practices to increase your chances for a successful outcome and alert operators to some common pitfalls to avoid. Sit back and enjoy learning about the MSHA conferencing process!
Tuesday Nov 22, 2022
MSHA Litigation from the Solicitor’s Perspective
Tuesday Nov 22, 2022
Tuesday Nov 22, 2022
For every contested MSHA citation, mine operators and their attorneys work hard to put the best case forward to tell the company’s side of the story. But in that same case, an attorney for the Department of Labor’s Office of the Solicitor is doing his or her best to show why the inspector was correct. In this episode, Arthur and Chris welcome their Fisher Phillips colleagues Matthew Korn and Patrick Dalin, both of whom began their legal careers litigating mine safety cases on behalf of MSHA. The wide-ranging discussion includes how MSHA cases are prioritized within the Solicitor’s Office, how MSHA’s attorneys build a case, and how the agency and its attorneys approach settlement. Matthew and Patrick also offer unique insights from the government’s perspective on how mine operators can best position themselves for a successful outcome in litigation.
Friday Sep 30, 2022
Friday Sep 30, 2022
The Mine Act requires that conditions cited by an MSHA inspector be abated within a reasonable time. But who determines what is reasonable and what happens if abatement cannot be achieved in that time? In this episode, Arthur and Chris tackle the issue of abatement of cited conditions under the Mine Act. They discuss what the law requires, what operators may see from inspectors and how best to navigate difficult situations related to abatement. Finally, they discuss what legal recourse operators may have if disagreements cannot be resolved.
Wednesday Aug 03, 2022
Wednesday Aug 03, 2022
What are the similarities and differences between OSHA and MSHA? How should a company that operates at both OSHA and MSHA regulated sites prepare? In this episode, Fisher Phillips’ OSHA-focused podcast, Toolbox Talk, and MSHA-focused podcast, Mining Matters, join forces to compare and contrast the two agencies. Curtis Moore provides an overview of the OSHA regulatory scheme and how companies can best prepare for an OSHA inspection. Chris Peterson and Arthur Wolfson do the same for MSHA. The group then follows with a lively discussion comparing the key points for each and offers insights for how companies regulated by both agencies can best prepare.
Tuesday Jul 05, 2022
Introducing the Fisher Phillips MSHA Inspection Tracker
Tuesday Jul 05, 2022
Tuesday Jul 05, 2022
In this episode, Chris and Arthur discuss Fisher Phillips’ brand new MSHA inspection tracker. Chock full of data, this new tool will provide operators a glimpse of recent MSHA activity. Chris and Arthur discuss the different types of data the tracker includes and how operators may be able to spot compliance and enforcement trends from the information provided. They also discuss how they hope to use the data to provide compliance strategies based on what the trends are showing.
View the tracker here: https://www.fisherphillips.com/innovations-center/msha-tracker.html
Friday Jun 03, 2022
What is advance notice? MSHA knows it when it sees it.
Friday Jun 03, 2022
Friday Jun 03, 2022
On this episode of Mining Matters, Arthur and Chris discuss recent developments regarding the issue of advance notice of MSHA inspections, particularly in light of a key Circuit Court decision. They review what advance notice has been thought to be and how the recent 6th Circuit Court of Appeals decision might have changed the calculus. Finally, they review what operators should consider to best train their workforce and avoid issues related to advance notice.
Monday Apr 25, 2022
Mine Safety and Compliance: A Look Back and a Look Forward
Monday Apr 25, 2022
Monday Apr 25, 2022
In this episode, Arthur and Chris are joined by mine safety consultant and former MSHA official Diane Watson for a wide-ranging discussion on mine safety and compliance – where it has been, where it is now, and where it will be. The group discusses how mine safety has changed over the years and what has remained a constant. Join the team as they forecast MSHA activity in the years to come and what operators can do to prepare.
Friday Mar 25, 2022
What should we expect from MSHA’s latest initiative, “Take Time/Save Lives”
Friday Mar 25, 2022
Friday Mar 25, 2022
MSHA recently unveiled a new initiative, “Take Time/Save Lives” that focuses largely on training and “task awareness.” Although policy initiatives such as this are not binding as law, they can provide an insight into the Agency’s priorities and what mine operators can expect going forward. In this episode, Chris and Arthur review the “Take Time/Save Lives” initiative and offer their take on its potential significance and how mine operators can best prepare for what may come of it.