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Michael T. Heenan

Legal editor Michael T. Heenan is an attorney at Ogletree, Deakins, Nash, Smoak & Stewart, one of the nation’s largest labor and safety law firms. He can be reached at michael.heenan@odnss.com.

Uncovering significant and substantial violations

Before the Mine Safety & Health Administration (MSHA) can issue an unwarrantable failure citation, the violation must be significant and substantial. Keep Reading

Legal counsel in accident investigations

All fatalities at a mine must be reported, even if due to natural causes or non-mine events. Keep Reading

Lowering the mine fatality rate

MSHA announced that the 2016 fiscal year ending Sept. 30 had the lowest fatality incidence ever recorded for the more than 13,000 operating mines. Keep Reading

How MSHA determines interference or discrimination

The Federal Mine Safety and Health Act prohibits “discrimination” against miners and prohibits “interference” with protected rights of miners. Keep Reading

MSHA document demands upheld

MSHA regularly is entitled to see mine records specifically mandated by law, such as those related to mine identification, contractor identification and more. Keep Reading

Tug of War: MSHA’s power to vacate citations

MSHA can vacate a citation anytime by law and thereby dissolve any related penalty. Keep Reading

Defining ‘negligence per se’

Negligence per se is a legal concept employed in lawsuits to cement a claim for damages. Keep Reading

MSHA’s expanded workplace examinations

The Mine Safety & Health Administration (MSHA) announced a proposed regulation to amend workplace examination requirements. Keep Reading

Advances in safety management lowers fatality rate

Safety in metal and nonmetal mines in the first three months of 2016 improved over 2015. Keep Reading

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