Occupational Safety and Health NewsAlert

MSHA AND OSHA RELEASE SEMI-ANNUAL REGULATORY AGENDAS

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 2
©2012 Jackson Kelly PLLC

 

          On Friday, January 20, 2012, the Department of Labor (“DOL”) released its semi-annual Regulatory Agenda.  The agenda includes numerous proposed items for both the Mine Safety and Health Administration (“MSHA”) and Occupational Safety and Health Administration (“OSHA”). 

 

WEST VIRGINIA GOVERNOR PROMISES “TOUGH” STATE LEGISLATION

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 1
©2012 Jackson Kelly PLLC

 

         Governor Earl Ray Tomblin gave his “State of the State” address to the West Virginia legislature on January 11, 2012, and promised to introduce legislation to toughen West Virginia’s coal mine safety laws.  Although he provided no details, Governor Tomblin promised that the legislation would address the following issues:

HOUSE PASSES TWO ANTI-REGULATORY ACTS—THE REGULATORY FLEXIBILITY IMPROVEMENTS ACT AND REGULATORY ACCOUNTABILITY ACT.

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 29
©2011 Jackson Kelly PLLC

 

        On December 1, 2011, the House passed the Regulatory Flexibility Improvements Act of 2011 (H.R. 527), which amends the Regulatory Flexibility Act of 1980.  Supporters of the legislation stated that the legislation is intended to ensure a complete analysis of potential impacts on small of entities of new rulemaking.  Others openly admitted it is an attempt to reign in new rulemaking by regulatory agencies.  The primary features of the bill include:

SEC ADOPTS DODD-FRANK MINE SAFETY DISCLOSURE REQUIREMENTS

For clients and friends of Jackson Kelly PLLC

Volume 7, Number 28

©2011 Jackson Kelly PLLC

 

        Section 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010, and requires mining companies to include certain information about mine safety and health in the quarterly and annual reports filed with the U.S. Securities and Exchange Commission (“SEC”).  Last December, the SEC issued proposed rules to implement the mine safety reporting requirements.  Yesterday, the SEC released its final rules implementing § 1503 of the Act.  The rules become effective 30 days following their publication, which is expected sometime next week in the Federal Register.

 

CONGRESSWOMAN CAPITO (R-W.VA.) INTRODUCES THE “MINE SAFETY ACCOUNTABILITY AND IMPROVED PROTECTION ACT”

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 27
©2011 Jackson Kelly PLLC

 

        On December 16, 2011, Representative Shelley Moore Capito (R-W.Va.) introduced the Mine Safety Accountability and Improved Protection Act (H.R. 3697) in the 112th Congress.  According to Rep. Capito’s press release, the legislation “seeks to streamline the conference and appeals process, improve implementation of mine safety and health regulation, hold violators accountable by increasing penalties—both financial and criminal—for all violations of the law, all with the end goal of creating a safer working environment for our miners.”  The primary features of the legislation are as follows:

 

ALJ RULES MSHA’S “REPEATED” FLAGRANT CRITERIA INVALID

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 26
©2011 Jackson Kelly PLLC

 

         A Federal Mine Safety and Health Review Commission Administrative Law Judge (“ALJ”) recently found MSHA’s policy setting forth the criteria for determining “repeated” flagrant violations to be invalid, both because it constitutes a formal rule that was enacted without notice-and-comment rulemaking and because it is inconsistent with the language of the MINER Act. In an Order issued in Conshor Mining, LLC, Docket Nos. KENT 2008-562 and KENT 2008-782 (ALJ Feldman Nov. 28, 2011), Judge Jerold Feldman rejected MSHA’s reliance on its criteria for determining a “repeated” flagrant violation.  A flagrant violation is subject to a penalty of up to $220,000.

 

OSHA ISSUES NEW NATIONAL EMPHASIS PROGRAM FOR CHEMICAL FACILITIES

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 25
©2011 Jackson Kelly PLLC

 

        On November 30, 2011, the Occupational Safety and Health Administration (“OSHA”) issued a new National Emphasis Program (“NEP”) for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals.  According to Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels, the program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.

  

MSHA TO RETURN TO PRE-ASSESSMENT CONFERENCES

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 24
©2011 Jackson Kelly PLLC

        

        On December 1, 2011, MSHA announced it will begin implementing pre-assessment conferencing procedures in January 2012 in an effort to reduce the backlog of future violations before the Federal Mine Safety and Health Review Commission.  MSHA’s announcement follows the issuance ofthe “Evaluation of MSHA’s Pre-Assessment Safety and Health Conferencing Pilot,” a report published by MSHA’s Office of Program Evaluation and Information Resources (“PEIR”) on November 28, 2011.

 

OSHA ISSUES INTERIM FINAL RULE EXPANDING EMPLOYEE PROTECTIONS FOR WHISTLEBLOWERS

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 23
©2011 Jackson Kelly PLLC

            

           The Occupational Safety and Health Administration (“OSHA”) has issued an interim final rule amending its regulations concerning employee protection for retaliation or “whistleblower” claims for providing information to persons regarding fraud against shareholders.  76 Fed. Reg. 68084 (Nov. 3, 2011).  The most significant change made in the interim final rule extends the time that employees have to file a complaint under Section 806 of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”) whistleblower provisions.  Employees will now have 180 days ‑ instead of 90 days ‑ after the date on which a Sarbanes-Oxley violation occurs, or when the employee became aware of the violation, to file a retaliation or “whistleblower” complaint.  

 

MSHA ISSUES ROCK DUST PIB

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 22
©2011 Jackson Kelly PLLC

 

         MSHA recently issued a Program Information Bulletin (“PIB”) No. P11-50 to alert underground coal mine operators and rock dust manufacturers to a problem with rock dust composition identified by government scientists.  The PIB was prepared in response to NIOSH rock dust testing findings which revealed that dust being sold and used in underground coal mines was not compliant with government standards and raised concerns about its effectiveness in preventing underground explosions.