Occupational Safety and Health NewsAlertFor 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’s Assistant Secretary Main stated that the current MSHA conferencing structure was not working and that resolving factual disputes before a violation is contested will prevent citations from being added to the existing 89,000 contested violation backlog.
It is not clear from the press release whether any of the existing backlog violations will be subject to resolution under the pilot conferencing program. However, Metal and Nonmetal’s Southeast District has indicated that the purpose of the pilot program is not to settle violations where a civil penalty has been proposed. As a result, it is unlikely that violations currently under contest will be included in the program.
MSHA’s news release announcing the pilot conferencing program can be found at: http://www.msha.gov/MEDIA/PRESS/2010/NR100820.asp.
Jackson Kelly will continue to follow the implementation of this pilot program.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
(303) 390-0008
kjohnston@jacksonkelly.com
For more information, contact:
|
Laura E. Beverage (303) 390-0003 |
Karen L. Johnston (303) 390-0003 |
|
R. Henry Moore (412) 434-8801 |
Michael T. Cimino (304) 340-1000 |
The Jackson Kelly PLLC Occupational Safety and Health News Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety and Health News Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
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KAREN L. JOHNSTON IS RESPONSIBLE FOR THE CONTENTS OF THIS ALERT.
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