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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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March 27, 2017

New Jersey Bill Will Make Whistleblower Settlement Agreements with Public Entities Public Records

March 27, 2017

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017. The New Jersey Assembly Bill (A-4243) would bar public entities and public employees from entering into confidential settlements of... Read More

March 27, 2017

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

March 27, 2017

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine when a basis for employer liability exists if harassment is proven, and offer suggestions for preventive practices... Read More

March 22, 2017

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

March 22, 2017

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators Marco Rubio and Ted Cruz, both of whom have known Acosta for years. Rubio described Acosta as... Read More

Showing 1-3 of 80