Occupational Safety and Health NewsAlert

THE BYRD-ROCKEFELLER MINE SAFETY REPORTING REQUIREMENTS

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 19
©2010 Jackson Kelly PLLC

The financial reform bill (the “Dodd-Frank Wall Street Reform and Consumer Protection Act,” Pub L. 111-203) that the President signed into law on July 21, 2010, contains new reporting requirements for publicly traded mining companies. The late Senator Robert C. Byrd joined with Senator John D. Rockefeller, IV in creating an amendment to the Securities and Exchange Act of 1934 that was included in the recently-passed financial reform bill. The mine safety amendment requires that publicly-traded companies that are operators of a coal or other mine (or that have a subsidiary that is an operator of a coal or other mine) include various mine safety violations in their 10-K and 10-Q reports filed with the U.S. Securities and Exchange Commission (“SEC”).

THE MINER SAFETY AND HEALTH ACT OF 2010 MOVES FROM COMMITTEE TO THE HOUSE FLOOR

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 18

©2010 Jackson Kelly PLLC

The House Committee on Education and Labor approved the “Robert C. Byrd Miner Safety and Health Act of 2010” in a strict party-line vote of 30 to 17 on July 21, 2010. This vote sends the bill to the House floor where it is expected to be acted upon next week. The proposed legislation also makes changes to the Occupational Safety and Health Act.

ALJ’S DECISION IN ERP CASE REQUIRES DISTRICT MANAGER TO LOOK AT SPECIFICS OF MINE

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 17

©2010 Jackson Kelly PLLC

 

On July 6, 2010, Judge Manning issued a decision in Peabody Midwest Mining, LLC, Docket Nos. LAKE 2010-769 and LAKE 2010-770 (ALJ Manning), in a case arising from a challenge by Peabody Midwest Mining, LLC (“Peabody”) of a District Manager’s refusal to approve its emergency response plan (“ERP”) at two mines.  The Mine Act, as amended by the MINER Act, requires operators to submit an ERP establishing a plan for the safe evacuation of and survival of miners in the event of an emergency.  In this case, MSHA Coal District 8 had refused to approve a plan that did not satisfy the electronic tracking specifications provided for in a program policy letter (“PPL”) relating to ERPs.  Specifically, MSHA insisted that Peabody comply with the PPL guideline that each mine’s system be capable of electronically tracking miners to within 200 feet of their locations in a working section.  Judge Manning vacated the citations, concluding that the District Manager had improperly relied upon the PPL and insisted upon a plan provision without considering the individual characteristics of the subject mines. 

PROPOSED CHANGES TO OSH ACT TUCKED INTO MINE SAFETY PROPOSAL

            Congressman George Miller, Chairman of the House Committee on Education and Labor, has released a “discussion draft” of a bill which would make significant changes to the Federal Mine Safety and Health Act of 1977.  The last thirty pages of the proposed “Mine Safety and Health Act of 2010” proposes to amend the Occupational Safety and Health Act of 1970 (“OSH Act”).