Workplace Safety and Health News AlertMSHA RulemakingLoper Bright: What’s Next for Operators?July 10, 2024 On June 28, 2024, the Supreme Court of the United States overruled Chevron v. Natural Resources Defense Council and with it the so-called “Chevron deference.” We detailed the holding of Loper Bright Enterprises v. Raimondo in an article here. Today, we are going to discuss what the Loper decision means for operators moving forward. Briefly, Chevron deference required courts to defer to an… Supreme Court Places a “Tombstone” on Chevron Deference: What are the Implications for MSHA and OSHA?June 28, 2024 On June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, which will now make it more difficult for federal agencies to issue rules and regulations that aim to carry out statutory mandates of Congress. The 6-3 decision overrules the 1984 decision Chevron v. Natural Resources Defense… MSHA Releases Highly-Anticipated Rule Addressing Respirable Crystalline Silica ExposureApril 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… MSHA Final Rule on Safety Program for Surface Mobile EquipmentDecember 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… MSHA’s Proposed Rule to Heighten Standards Relating to Respirable Crystalline SilicaJuly 5, 2023 On June 30, 2023, the Mine Safety and Health Administration (“MSHA”) made publicly available a proposed rule that would amend existing federal standards with respect to occupational exposure to respirable crystalline silica, or silica dust. The stated purpose of the proposed rule is to better protect miners against occupational exposure to silica dust and improve respiratory protection for all… MSHA Implements New “Enhanced Enforcement Program” for Truck Drivers and SupervisorsAugust 11, 2022 In an effort to reduce accidents and fatalities within the mining industry, the Mine Safety and Health Administration (MSHA) recently implemented an “Enhanced Enforcement Program” aimed at truck drivers and supervisors.[1] The program will be part of regular surface and underground mine inspections, with the added potential for special assessments for cited violations listed within the program.… MSHA Launches New Safety Initiative Targeting Respirable SilicaAugust 10, 2022 On June 8, 2022, the Mine Safety and Health Administration (MSHA) launched the “Silica Enforcement Initiative” to better protect miners from health hazards related to repeated over-exposure to respirable crystalline silica (silica dust).[1] The new program focuses on four areas for improvement: mine inspections, silica sampling, compliance assistance for mines, and the reinforcement of on-site… Sixth Circuit Affirms Commission’s Finding of Advance Notice of MSHA Inspection Given by Mine Operator in 2012May 17, 2022 On May 11, 2022, the Sixth Circuit Court of Appeals affirmed a decision by the Federal Mine Safety Health & Review Commission (“Commission”) that a mine operator provided advanced notice of an MSHA inspection during events that occurred in April 2012. KenAmerica Resources, Inc. v. Sec’y of Labor, 2022 WL 1483988 (May 11, 2022). Factually, the case involved a situation where MSHA received an… MSHA Proposes New Rule for Mobile Equipment Safety PlansSeptember 10, 2021 On September 9, 2021, the Federal Mine Safety and Health Administration (“MSHA”) published a new proposed rule requiring mine operators to develop and implement written safety programs for their powered haulage equipment used at surface mines and surface areas of underground mines (“surface mobile equipment”). Who is impacted by the proposed rule? The newly proposed rule applies to both operators… MSHA PROGRAM POLICY LETTER ON ESCAPEWAYS AND REFUGES CANCELLEDMay 28, 2020 On May 27, 2020, the Mine Safety and Health Administration (“MSHA”) unceremoniously canceled the Program Policy Letter (“PPL”) published on July 29, 2019, intended to clarify requirements in 30 C.F.R. § 57.11050. https://www.govinfo.gov/content/pkg/FR-2020-05-27/pdf/2020-11300.pdf. The stated intent of the PPL was to provided metal/nonmetal underground mine operators with guidance on placement of… COVID-19 Mine Worker Protection Act Introduced in United States SenateMay 18, 2020 On May 14, 2020, Senator Joseph Manchin, III (D-WV), along with co-sponsors, Richard Durbin (D-IL), Timothy Kaine (D-VA), Shelley Moore Capito (R-WV), Douglas Jones (D-AL), Sherrod Brown (D-OH), Mark Warner (D-VA) and Robert Casey (D-PA), introduced a Bill to require the Secretary of Labor to promulgate Emergency Temporary Standards (“ETS”) within 7 days of passage to protect miners in coal or… MSHA Quarterly Call April 2020April 17, 2020 On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on… |
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