Occupational Safety and Health NewsAlert

KENTUCKY GENERAL ASSEMBLY – HOUSE BILL 385 REGARDING DRUG AND ALCOHOL TESTING OF MINERS

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 5
©2012 Jackson Kelly PLLC

 

         On February 9, 2012, Representative Jim Gooch (D) (District 12 – Daviess, Hopkins, McLean, Webster counties) and Representative Fitz Steele (D) (District 84 – Harlan, Perry counties) introduced and co-sponsored House Bill 385 during the current session of the Kentucky General Assembly.  House Bill 385 primarily deals with the drug and alcohol testing of miners, the appeals process miners have for failing a test, and the penalties for failing a test.

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 ANNOUNCES THIRD PHASE OF ITS “RULES TO LIVE BY” INITIATIVE

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 3
©2012 Jackson Kelly PLLC

 

        On January 31, 2012, Assistant Secretary Joseph A. Main announced the launch of the Federal Mine Safety and Health Administration’s (“MSHA”) third phase of its “Rules to Live By” initiative‑“Rules to Live By III: Preventing Common Mining Deaths” (“RLB III”).  This latest phase focuses on 14 safety standards (8 coal, 6 metal/non-metal).  The first Rules To Live By initiative was introduced in January of 2010, and it focused on 24 frequently cited standards (11 coal, 13 metal/nonmetal) that MSHA believed caused or contributed to fatal accidents in nine accident categories.  The second Rules to Live By initiative was introduced in November 2010, and it focused on 9 coal standards which were cited during major disasters over the previous 10 years, contributing to five or more fatalities. 

WEST VIRGINIA GOVERNOR PROMISES “TOUGH” STATE LEGISLATION

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 1
©2012 Jackson Kelly PLLC

 

         Governor Earl Ray Tomblin gave his “State of the State” address to the West Virginia legislature on January 11, 2012, and promised to introduce legislation to toughen West Virginia’s coal mine safety laws.  Although he provided no details, Governor Tomblin promised that the legislation would address the following issues:

CONGRESSWOMAN CAPITO (R-W.VA.) INTRODUCES THE “MINE SAFETY ACCOUNTABILITY AND IMPROVED PROTECTION ACT”

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 27
©2011 Jackson Kelly PLLC

 

        On December 16, 2011, Representative Shelley Moore Capito (R-W.Va.) introduced the Mine Safety Accountability and Improved Protection Act (H.R. 3697) in the 112th Congress.  According to Rep. Capito’s press release, the legislation “seeks to streamline the conference and appeals process, improve implementation of mine safety and health regulation, hold violators accountable by increasing penalties—both financial and criminal—for all violations of the law, all with the end goal of creating a safer working environment for our miners.”  The primary features of the legislation are as follows:

 

MSHA TO RETURN TO PRE-ASSESSMENT CONFERENCES

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 24
©2011 Jackson Kelly PLLC

        

        On December 1, 2011, MSHA announced it will begin implementing pre-assessment conferencing procedures in January 2012 in an effort to reduce the backlog of future violations before the Federal Mine Safety and Health Review Commission.  MSHA’s announcement follows the issuance ofthe “Evaluation of MSHA’s Pre-Assessment Safety and Health Conferencing Pilot,” a report published by MSHA’s Office of Program Evaluation and Information Resources (“PEIR”) on November 28, 2011.

 

MSHA ISSUES ROCK DUST PIB

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 22
©2011 Jackson Kelly PLLC

 

         MSHA recently issued a Program Information Bulletin (“PIB”) No. P11-50 to alert underground coal mine operators and rock dust manufacturers to a problem with rock dust composition identified by government scientists.  The PIB was prepared in response to NIOSH rock dust testing findings which revealed that dust being sold and used in underground coal mines was not compliant with government standards and raised concerns about its effectiveness in preventing underground explosions.

ALJ INVALIDATES SAFEGUARD FOR FAILURE TO IDENTIFY HAZARD

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 20
©2011 Jackson Kelly PLLC

 

     In a recent decision, a Review Commission Administrative Law Judge invalidated a safeguard at an underground coal mine because it did not identify with specificity the nature of the hazard to which it was addressed.  In Big Ridge Inc., Docket Nos. LAKE 2008-436 et al. (ALJ Melick Sept. 8, 2011), Judge Melick upheld the mine operator’s challenge to the safeguard and vacated the resulting citation. 

MSHA’S PROPOSED RULE REGARDING PROXIMITY DETECTION

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 19
©2011 Jackson Kelly PLLC

 

     On Wednesday, August 31, 2011, the Federal Mine Safety and Health Administration (“MSHA”) published a proposed rule at 30 C.F.R. § 75.1732 requiring continuous mining machines used in underground coal mines to be equipped with proximity detection systems.  76 Fed. Reg. 54163.  The proposed rule applies to all continuous mining machines, except full-face continuous mining machines. Proximity detection refers to technology that uses electronic sensors on mining machinery to detect the presence of personnel or other machinery within a certain distance.  These systems can be programmed to send warning signals and stop machine movement when the programmed areas are breached. 

 

ALJ HOLDS THAT METHANE LEVELS EXCEEDING 1.0% AT AUXILIARY FANS ARE NOT PER SE VIOLATIONS OF 30 C.F.R. § 75.331(c)

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 18
©2011 Jackson Kelly PLLC

        On August 2, 2011, Administrative Law Judge Richard W. Manning issued a decision vacating two § 104(a) citations alleging violations of 30 C.F.R. § 75.331(c) in Bowie Resources LLC, Docket No. WEST 2009-898.