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Workplace Safety and Health News Alert

MSHA Rulemaking

West Virginia Suspends Regulations Related to Pre-Employment and Random Breath Tests

On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.

Governor Jim Justice declared a statewide State of…

MSHA ISSUES GUIDANCE LETTER ON UNDERGROUND REFUGE LOCATIONS

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 5
©2019 Jackson Kelly PLLC

 

On July 29, 2019, the Mine Safety and Health Administration (“MSHA”) published a Program Policy Letter (“PPL”) and request for comments in the Federal Register. (84 Fed. Reg. 36623). It is important to note that this letter was intended as interpretive guidance to existing policy and not a…

MSHA WORKPLACE EXAMINATION RULE: D.C. CIRCUIT COURT OF APPEALS WALKS BACK THE 2018 RULE

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…

MSHA CONTINUES HOLDING STAKEHOLDER MEETINGS TO INFORM METAL/NONMETAL MINE OPERATORS OF THE NEW WORKPLACE EXAMINATION RULE

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 11
©2018 Jackson Kelly PLLC

On May 31, 2018, the Mine Safety and Health Administration (“MSHA”) held its final in-person Stakeholder Meeting regarding the new Examinations of Working Places rule for Metal/Nonmetal Mine Operators in Denver, Colorado.  The new rule is effective tomorrow, June 2, 2018.  MSHA personnel from…

MSHA CONSIDERING RULEMAKING TO REQUIRE NEW TECHNOLOGY FOR POWERED HAULAGE

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 9
©2018 Jackson Kelly PLLC

On April 30, 2018, the Mine Safety and Health Administration (“MSHA”) held its quarterly stake holders call and discussed powered haulage.  The call focused on three specific areas where mining fatalities occurred related to powered haulage:  large vehicles running over small vehicles, seatbelt…

MSHA SCHEDULES ADDITIONAL COMPLIANCE ASSISTANCE MEETINGS FOR M/NM WORKPLACE EXAM FINAL RULE

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 7
©2018 Jackson Kelly PLLC

As most metal/nonmetal mine operators know by now, the Mine Safety and Health Administration (“MSHA”) published the Final Rule amending requirements for workplace examinations on April 9, 2018. The substance of the Final Rule is discussed in a previous Jackson Kelly news alert, which is available…

MSHA UNVEILS LATEST FINAL VERSION OF WORKPLACE EXAMINATION RULE

For clients and friends of Jackson Kelly PLLC
Volume 14, Number 6
©2018 Jackson Kelly PLLC

Today, the Mine Safety and Health Administration ("MSHA") made available for public viewing its latest Final Rule on Examinations of Working Places in Metal and Nonmetal Mines.  The Rule, which will be published in the Federal Register on Monday, April 9, revises the existing Workplace Examination…

COMMENT PERIOD FOR PROPOSED AMENDMENTS TO WORKPLACE EXAM RULE CLOSES MONDAY, NOVEMBER 13, 2017

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 23
©2017 Jackson Kelly PLLC

Metal/non-metal operators are reminded that the deadline for submitting comments in response to the Mine Safety and Health Administration’s (“MSHA”) Proposed Amendments to the Final Rule on Workplace Examinations is Monday, November 13, 2017.

The Final Rule, which seeks to significantly alter the…

MSHA TO EXTEND EFFECTIVE DATE OF WORKPLACE EXAM RULE TO JUNE 2, 2018

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 21
©2017 Jackson Kelly PLLC

According to documents currently available for public inspection, the Mine Safety and Health Administration (“MSHA”) will extend the effective date of the Final Rule on Workplace Examinations for metal/non-metal mines to June 2, 2018. The Workplace Examination standard that existed prior to…

COMMENT PERIOD FOR PROPOSED EXTENSION OF EFFECTIVE DATE FOR WORKPLACE EXAM RULE CLOSES TUESDAY, SEPTEMBER 26, 2017

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 19
©2017 Jackson Kelly PLLC

Metal/non-metal operators are reminded that that deadline for submitting comments in response to the Mine Safety and Health Administration’s (“MSHA”) proposed extension of the effective date for the Workplace Examination standard is Tuesday, September 26, 2017. MSHA has proposed extending the…

MSHA UNVEILS TWO PROPOSED RULES RELATED TO WORKPLACE EXAMINATIONS

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 16
©2017 Jackson Kelly PLLC

Today, the Mine Safety and Health Administration (“MSHA”) made available for public viewing, two proposed rules related to workplace examinations in metal/nonmetal mines. Both proposed rules are scheduled to be published in the Federal Register tomorrow.

The first proposed rule amends the Final…

WORKPLACE EXAM RULE: PROPOSED CHANGES AND DELAY

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 15
©2017 Jackson Kelly PLLC

On September 12, 2017, the Mine Safety and Health Administration (“MSHA”) will publish two proposed rules in the Federal Register to amend the Agency’s Examinations of Working Places in Metal and Nonmetal Mines final rule (82 Fed. Reg. 7680). Both proposed rules will be available for viewing on…

 

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