Mining Matters

<p>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...

<p>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...

<p>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...

<p>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...

<p>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...

<p>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...

<p>It is often said that the Federal Mine Safety and Health Act is a “strict liability” law. As a legal term, “strict liability” means “liability without fault.” But what does that mean? In this episode, Arthur and...

<p>What challenges are operators facing with MSHA (Mine Safety and Health Administration) in 2025? What can they do about it? In this episode, Chris and Arthur tackle these questions and more with mine safety...

<p>The Department of Labor recently issued a memorandum announcing the relaunch of the opinion letter program. The memorandum announced that several agencies within the DOL, including OSHA, will offer the public the...

<p >May is Mental Health Awareness Month and although this episode is publishing in June, there’s never a wrong time to talk about mental health in the workplace. In this episode, Arthur and Chris welcome back Raeann...

<p>Employers are faced with unexpected challenges every day. Frequently, the ability to conduct a timely and effective internal investigation will be the difference in managing and responding to situations as they...

<p>Among the unique features of the Mine Act is the authority for MSHA to pursue both civil and criminal liability against individuals in their capacity as managers. But to get to that point, MSHA will engage in an...

<p>In a time of uncertainty within the federal government, mine operators can continue to expect regular MSHA inspections. MSHA is statutorily required to inspect all surface mines twice per year and all underground...

<p>The new year has brought with it a new administration and changes are on the horizon for all federal agencies, including MSHA. But what can mine operators reasonably expect from the new regime? In this episode, Chris...

<p>A mine operator who inadvertently misses the deadline for contesting a proposed penalty assessment is not without recourse. To proceed with a contest after a missed filing deadline, the operator must first file a...