Occupational Safety and Health NewsAlert

OPERATORS MUST INCLUDE CONTRACTOR FATALITIES IN SEC REPORTING UNDER DODD-FRANK

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 4
©2012 Jackson Kelly PLLC

 

        On December 21, 2011, the Securities Exchange Commission (“SEC”) released its final rules implementing § 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. (“Dodd-Frank”).  As reported to you in Jackson Kelly PLLC’s Occupational Safety and Health News alert on December 22, 2011, the SEC rules require mining companies to satisfy various reporting requirements relating to mine safety. 

MSHA SEEKS INJUNCTIVE RELIEF TO CLOSE MINE BASED ON BELIEF IN CONTINUING “PATTERN OF VIOLATIONS” CONSTITUTING A “CONTINUING HAZARD”

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 32

©2010 Jackson Kelly PLLC

 

     On November 3, 2010, the Mine Safety and Health Administration (“MSHA”) filed suit against Freedom Energy Mining Company (“Freedom”), a subsidiary of Massey Energy Company (“Massey”), seeking a preliminary injunction shutting Freedom’s No. 1 Mine under Section 108(a)(2) of the Mine Act. The use of this provision in enforcement is “unprecedented,” as described in MSHA’s press release announcing the suit. The particulars of the suit reveal an enforcement strategy which diverges significantly from the Pattern of Violations (“POV”) enforcement policy that MSHA presented in September and October 2010 through news releases and a “technical briefing” for stakeholders. Massey has yet to respond formally to the lawsuit.

 

HOW TO SAVE MONEY AND TIME THROUGH A SIMPLE “FOIA” REQUEST

For clients and friends of Jackson Kelly PLLC

Volume 16, Number 2 Winter 2008  

©2008 Jackson Kelly PLLC

            The Freedom of Information Act (“FOIA”) is a powerful tool through which any member of the public, including mine management, can obtain records within the possession of federal agencies, such as MSHA.  For example, mine operators can directly obtain MSHA inspector notes, photographs, or any other records relied upon by MSHA when issuing a citation.  Generally, the mine operator can obtain the records within 20 business days of the submission of the FOIA request.  The procedures for filing a FOIA request are set forth at 5 U.S.C. § 552.