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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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December 6, 2016

Mine Safety Agency Issues Hand-Injury Advisory

December 6, 2016

The Mine Safety and Health Administration has issued an advisory warning to mine operators and employees about the dangers of hand injuries. The agency said that from January 1, 2010, through August 31, 2016, there were 5,678 hand injuries at the country’s coalmines. Of these injuries, 1,863 resulted in an average of 39 lost... Read More

November 29, 2016

Record Low Number of Mining Deaths in Fiscal Year 2016, Mine Safety Agency Reports

November 29, 2016

Fiscal year 2016 saw a record low number of mining deaths, the Mine Safety and Health Administration has reported. The agency also continues to encourage the mining community “to reach zero mining deaths.” MSHA reported that in FY 2016, 24 miners died at the more than 13,000 mines in the country. This is the lowest number... Read More

November 16, 2016

Mine Safety Agency Issues Electrical Safety Alert

November 16, 2016

The Mine Safety and Health Administration has issued an electrical safety alert after several miners were injured in underground coalmine accidents. In one incident, a miner working near a 480 VAC scoop charger circuit breaker received flash burns to his eyes. In another incident, while a miner was repositioning a 575 VAC permissible... Read More

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