April 16, 2024
On Tuesday, April 16, 2024, the Mine Safety and Health Administration (“MSHA”) released its final rule aimed at reducing miners’ exposure to respirable crystalline silica, otherwise known as silica dust or quartz dust. The final rule largely adopts the version MSHA proposed last year that modifies the limits of exposure to crystalline silica and increases existing protections against other…
December 21, 2023
On December 19, 2023, the Mine Safety and Health Administration’s (“MSHA”) final rule addressing a Safety Program for Surface Mobile Equipment (the “Final Rule”) became effective. The Final Rule was published December 20, 2023, in the Federal Register and can be found at this link: https://www.federalregister.gov/documents/2023/12/20/2023-27640/safety-program-for-surface-mobile-equipment
The Final…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
March 20, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC
The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training. While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…
March 17, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 3
©2020 Jackson Kelly PLLC
The novel coronavirus, frequently referred to as “COVID-19,” has been declared a pandemic by the World Health Organization (“WHO”). The U.S. Centers for Disease Control and Prevention (“CDC”) has issued and continues to update its guidance on means and methods that the public should be employing…
November 19, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 7
©2019 Jackson Kelly PLLC
The Federal Mine Safety and Health Review Commission (“Commission”) handed down a decision on September 30, 2019, which served to clarify earlier rulings regarding how much independence the Secretary of Labor’s (“Secretary”) Solicitors have in crafting and offering settlement agreements for Mine…
November 8, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 6
©2019 Jackson Kelly PLLC
After years of back and forth, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the Mine Safety and Health Administration (“MSHA”) is now gearing up for enforcement of the 2017 Final Rule commencing on or about December 30, 2019. The 2017 Final Rule is…
June 14, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 4
©2019 Jackson Kelly PLLC
After years of back and forth, public hearings, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the D.C. Circuit Court of Appeals struck down MSHA’s currently enforced 2018 Workplace Examination Rule on June 11, 2019, in a challenge brought by…
May 27, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 3
©2019 Jackson Kelly PLLC
The Office of Information and Regulatory Affairs released the Spring 2019 semi-annual regulatory agenda for the Mine Safety and Health Administration (“MSHA”) on May 22, 2019.
In the Pre-Rule Stage for MSHA:
April 21, 2019
Laura E. Beverage, Esq. will be presenting "Update on Agent Liability Under Section 110(c) of the Mine Act" at the 2019 New Mexico Mine Health & Safety Conference in Albuquerque, New Mexico on Thursday, May 9, 2019.
Laura established the Firm’s Denver, Colorado office in 1993 and represents general industry, construction, and mining clients on compliance issues, policy, legislative,…
April 18, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 1
©2019 Jackson Kelly PLLC
Soon after his confirmation, David Zatezalo, the Assistant Secretary of Labor, MSHA, began laying out his vision for MSHA under his leadership. A key aspect of his vision is “One MSHA,” a mission to eliminate the historical separation within MSHA between metal/nonmetal mines and coal mines. In…
December 11, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 16
©2018 Jackson Kelly PLLC
As 2018 comes to a close and we look to the start of a new year, many Americans are thinking about their New Year’s resolutions. The top resolution among mine operators should be to push for meaningful agency reform within the Mine Safety and Health Administration (“MSHA”). With the current…
April 16, 2024
On Tuesday, April 16, 2024, the Mine Safety and Health Administration (“MSHA”) released its final rule aimed at reducing miners’ exposure to respirable crystalline silica, otherwise known as silica dust or quartz dust. The final rule largely adopts the version MSHA proposed last year that modifies the limits of exposure to crystalline silica and increases existing protections against other…
December 21, 2023
On December 19, 2023, the Mine Safety and Health Administration’s (“MSHA”) final rule addressing a Safety Program for Surface Mobile Equipment (the “Final Rule”) became effective. The Final Rule was published December 20, 2023, in the Federal Register and can be found at this link: https://www.federalregister.gov/documents/2023/12/20/2023-27640/safety-program-for-surface-mobile-equipment
The Final…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
March 20, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 4
©2019 Jackson Kelly PLLC
The Mine Safety and Health Administration (“MSHA”) is expected to issue extensions to complete annual refresher training. While we await formal guidance, it is expected that 30-day extensions will be granted for mine operators to meet the annual refresher training expiration dates.…
March 17, 2020
For clients and friends of Jackson Kelly PLLC
Volume 16, Number 3
©2020 Jackson Kelly PLLC
The novel coronavirus, frequently referred to as “COVID-19,” has been declared a pandemic by the World Health Organization (“WHO”). The U.S. Centers for Disease Control and Prevention (“CDC”) has issued and continues to update its guidance on means and methods that the public should be employing…
November 19, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 7
©2019 Jackson Kelly PLLC
The Federal Mine Safety and Health Review Commission (“Commission”) handed down a decision on September 30, 2019, which served to clarify earlier rulings regarding how much independence the Secretary of Labor’s (“Secretary”) Solicitors have in crafting and offering settlement agreements for Mine…
November 8, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 6
©2019 Jackson Kelly PLLC
After years of back and forth, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the Mine Safety and Health Administration (“MSHA”) is now gearing up for enforcement of the 2017 Final Rule commencing on or about December 30, 2019. The 2017 Final Rule is…
June 14, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 4
©2019 Jackson Kelly PLLC
After years of back and forth, public hearings, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the D.C. Circuit Court of Appeals struck down MSHA’s currently enforced 2018 Workplace Examination Rule on June 11, 2019, in a challenge brought by…
May 27, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 3
©2019 Jackson Kelly PLLC
The Office of Information and Regulatory Affairs released the Spring 2019 semi-annual regulatory agenda for the Mine Safety and Health Administration (“MSHA”) on May 22, 2019.
In the Pre-Rule Stage for MSHA:
April 21, 2019
Laura E. Beverage, Esq. will be presenting "Update on Agent Liability Under Section 110(c) of the Mine Act" at the 2019 New Mexico Mine Health & Safety Conference in Albuquerque, New Mexico on Thursday, May 9, 2019.
Laura established the Firm’s Denver, Colorado office in 1993 and represents general industry, construction, and mining clients on compliance issues, policy, legislative,…
April 18, 2019
For clients and friends of Jackson Kelly PLLC
Volume 15, Number 1
©2019 Jackson Kelly PLLC
Soon after his confirmation, David Zatezalo, the Assistant Secretary of Labor, MSHA, began laying out his vision for MSHA under his leadership. A key aspect of his vision is “One MSHA,” a mission to eliminate the historical separation within MSHA between metal/nonmetal mines and coal mines. In…
December 11, 2018
For clients and friends of Jackson Kelly PLLC
Volume 14, Number 16
©2018 Jackson Kelly PLLC
As 2018 comes to a close and we look to the start of a new year, many Americans are thinking about their New Year’s resolutions. The top resolution among mine operators should be to push for meaningful agency reform within the Mine Safety and Health Administration (“MSHA”). With the current…
