Occupational Safety and Health NewsAlert

MSHA STRESSES ILLEGALITY OF ADVANCE NOTICE OF INSPECTION ACTIVITY

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 23
©2010 Jackson Kelly PLLC
 

On August 26, 2010, the Mine Safety and Health Administration (“MSHA”) reminded the mining industry that the Mine Act prohibits giving advance notice of inspections conducted by MSHA inspectors. MSHA issued Program Information Bulletin No. P10-15 (“PIB”) which emphasizes that Section 103(a) of the Mine Act prohibits “any person” from giving advance notice of inspections. The PIB also warns the mining community of the potential consequences for anyone who violates the advance notice prohibition. Among the sanctions available to MSHA are:

• a civil action in federal court to obtain an injunction prohibiting future violations;
• a criminal action in federal court with fines of up to $1000 or imprisonment or both;
• a civil monetary penalty against the mine operator; and
• similar sanctions against agents of mine operators who knowingly permit or order the advance notice of inspection activity.

MSHA ISSUES FOUR PROGRAM INFORMATION BULLETINS PERTAINING TO VENTILATION IN UNDERGROUND COAL MINES

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 22
©2010 Jackson Kelly PLLC
  

On Monday, August 16, 2010, the Mine Safety and Health Administration (“MSHA”) issued four Program Information Bulletins (“PIBs") pertaining to ventilation issues in underground coal mines. In the press release, which accompanied the release of the PIBs, MSHA stated that the PIBs were issued based upon the testimony heard at field hearings conducted by the House Education and Labor Committee in May of this year. MSHA emphasized that the purpose of the PIBs was to remind mine operators, miners’ representatives, and MSHA enforcement personnel of the requirements of these standards and to instruct MSHA enforcement personnel to increase enforcement efforts relating to alleged violations of ventilation standards.

MSHA ANNOUNCES A PILOT CONFERENCING PROGRAM

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 21
©2010 Jackson Kelly PLLC
 

  On Friday, August 20, 2010, the Mine Safety and Health Administration (“MSHA”) announced that it was launching a 90-day pilot program aimed at addressing the backlog of contested citations and the agency’s conferencing procedures. MSHA’s press release stated that the pilot program will allow the mine operator and the miners’ representatives to hear MSHA’s interpretation of regulations and resolve issues relating to violations, civil penalty assessments, and litigation. The pilot program will be available to mines in Coal Mine Safety and Health’s District 2 in Mt. Pleasant, Pennsylvania and in District 6 in Pikeville, Kentucky. Metal and Nonmetal Safety and Health’s Southeast District in Birmingham, Alabama is also participating in the trial program.

MSHA ISSUES ADVANCE NOTICE OF PROPOSED RULEMAKING ON METAL AND NONMETAL DAMS

For clients and friends of Jackson Kelly PLLC
Volume 6, Number 20
©2010 Jackson Kelly PLLC
 

  On August 13, 2010, the Mine Safety and Health Administration (“MSHA”) published an advance notice of proposed rulemaking (“ANPRM”) to solicit comments on the proper design, construction, operations, and maintenance of dams at metal and nonmetal mine sites. 75 Fed. Reg. 49,429 (Aug. 13, 2010). MSHA's purpose in proposing the rulemaking is to determine what regulatory approach will better protect miners from potential life-threatening hazards posed by dam failure. The proposed rulemaking is being driven by a recommendation from the Federal Emergency Management Agency (“FEMA”) that MSHA promulgate standards to encompass all aspects of design, construction, and inspection for dams at metal and nonmetal mines.