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Mining

Mining industry employers must contend with a complex array of laws and regulations governing the health and safety of their employees—on top of federal, state and local labor and employment laws more generally—requiring experienced counsel with vast industry-specific expertise.

Overview

Our prominent group of safety and health attorneys brings a wealth of knowledge with respect to every conceivable issue facing mining industry employers. On a daily basis, we help clients ensure compliance with federal MSHA regulations and actively monitor developments to provide up-to-date information on regulatory issues and enforcement directives. We also have the expertise to advise mining industry employers on every aspect of labor and employment law.

Our Workplace Safety and Health group has extensive experience advising clients during on-site MSHA inspections, as well as defending companies against enforcement actions. Members of the practice group also represent employers in connection with MSHA rulemaking proceedings, seeking to ensure that responsible officials are mindful of our clients’ needs in furthering our common objective of improved workplace safety and health. Where a client is adversely affected by a standard or regulation that may be inappropriate, we will represent that employer in a court challenge to the rule.

Some of the specific services we provide include:

MSHA Compliance

  • Reviewing corporate safety and health policies and practices and developing compliance strategies;
  • Identifying areas where employers may be at risk of non-compliance through on-site reviews and other means;
  • Training managers and supervisors on their safety and health responsibilities;
  • Training mining industry professionals on how to handle every facet of safety and health practices including managing legal affairs and corporate liability; and
  • Reviewing compliance under MSHA recordkeeping regulations.

Representation During Agency Rulemaking Proceedings

  • Assisting trade associations and employers in responding to Notices of Proposed Rulemaking published by MSHA;
  • Helping to draft comments and appear on behalf of trade associations and employers in informal public hearings; and
  • Advising employers on the potential impact of proposed rules on their operations.

Representation in Inspections, Investigations, Citations and Hearings Before Administrative Agencies

  • Preparing management and supervisory personnel in anticipation of, and during, MSHA inspections and investigations;
  • Handling all aspects of client representation associated with citations, hearings and other enforcement proceedings; and
  • Helping clients handle whistleblower complaints and providing advice on how to avoid possible retaliation claims.

We also work with mining industry employers on all their workplace law needs, including labor relations, litigation, crisis management, disability and leave management, drug testing, management training, compliance reviews and policy review and development.

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February 23, 2017

New Department of Homeland Security Memos Set Immigration Enforcement Priorities

February 23, 2017

Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies” establish broad... Read More

February 22, 2017

Mine Safety Agency Issues Alert after Mining Deaths

February 22, 2017

The Mine Safety and Health Administration has issued a “fatal accidents alert” after two separate mining accidents claimed the lives of two miners within a 24-hour period. The alert lists best practices to avoid accidents. The safety agency said the victims in the two incidents were working alone and in restricted areas... Read More

February 22, 2017

OSHA Reminds Employers to Post Injury and Illness Summaries

February 22, 2017

The Occupational Safety and Health Administration has reminded employers they must post a copy of the agency’s “Summary of Work-Related Injuries and Illnesses” (Form 300A) summarizing job-related injuries and illnesses logged during 2016. OSHA said that each year, between February 1 and April 30, employers must... Read More

Showing 1-3 of 61