Episodes
6 days ago
6 days ago
The Mine Act contains a robust whistleblower provision that affords certain rights to miners and prohibits certain actions by employers. But like all laws, Section 105(c) contains specific nuances. In this episode, Arthur and Chris will review Section 105(c) of the Mine Act and discuss each element of a whistleblower claim. They will also discuss what it looks like in real life when a whistleblower claim is filed and investigated. Finally, they will offer practical tips for employers to be mindful of considering this important legal provision.
Wednesday Feb 28, 2024
What is an Injury with a Reasonable Potential to Cause Death?
Wednesday Feb 28, 2024
Wednesday Feb 28, 2024
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.
Monday Jan 08, 2024
Monday Jan 08, 2024
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.
Wednesday Dec 20, 2023
MSHA FY2023 Data: What does it all mean?
Wednesday Dec 20, 2023
Wednesday Dec 20, 2023
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.
Friday Oct 06, 2023
Mine Safety from the Nevada Mining Association Perspective
Friday Oct 06, 2023
Friday Oct 06, 2023
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.
Monday Aug 28, 2023
The D.C. Circuit’s KC Transport Decision: More Questions than Answers
Monday Aug 28, 2023
Monday Aug 28, 2023
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.
Thursday Jul 20, 2023
How Does Rulemaking Work?
Thursday Jul 20, 2023
Thursday Jul 20, 2023
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.
Tuesday Jun 20, 2023
Training is Key to Mine Operators’ Safety and Compliance Efforts
Tuesday Jun 20, 2023
Tuesday Jun 20, 2023
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.
Tuesday May 23, 2023
Mental Health in Mine Safety: Steps you Can Take and Tools you Can Use
Tuesday May 23, 2023
Tuesday May 23, 2023
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.
Thursday Apr 06, 2023
What’s New in Mine Safety? A view from the Nation’s Capital
Thursday Apr 06, 2023
Thursday Apr 06, 2023
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.