For clients and friends of Jackson Kelly PLLC
Volume 13, Number 3
©2017 Jackson Kelly PLLC
Today, the Federal Mine Safety and Health Administration (“MSHA”) released for public review its final rule for workplace examinations for metal and nonmetal mines. 30 C.F.R. § 56/57.18002. The rule will be published in the Federal Register on January 23, 2017. The final rule requires that a competent person designated by the operator examine each working place at least once each shift, before miners begin work in that place, for conditions that may adversely affect safety or health; that operators notify miners in the affected areas of any conditions that may adversely affect their safety or health; that operators promptly initiate corrective action; and that a record be made of the examination. The rule will become effective on May 23, 2017. While the final rule is similar to the proposed rule, a few differences exist.