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Federal Mine Safety and Health Review Commission

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Mine Safety & Health Law Special Institute to be held before MINExpo 2016

MINExpo International 2016 attendees can register for the Mine Safety & Health Law Special Institute. Keep Reading

MSHA penalty controversy

MSHA conducted its first hearing on proposed changes to civil penalty regulations on Dec. 4. MSHA wants to decrease operator challenges to penalties and limit operator opportunities to have penalties overturned. The overwhelming bone of contention is MSHA’s proposal to… Keep Reading

MSHA can take control after mine accidents

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Companies subject to OSHA are inspected after accidents, but employers are under no legal obligation to shut down all or part of their operations. In addition, companies are not required to correct conditions unless a citation is issued. And even… Keep Reading

Violent complainant

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An employee complained about a defective seat in his haul truck. His supervisor told him his complaint was “petty.” The employee threw a pen at the supervisor and was immediately discharged. The employee filed a wrongful discharge case with the… Keep Reading

Seriousness of potential injury

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In Secretary [of Labor] v. S&S Dredging Company, the Federal Mine Safety and Health Review Commission overturned an administrative law judge who concluded a violation was not “significant and substantial,” as MSHA employs that term for elevated enforcement. The judge… Keep Reading

MSHA demands for company files

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The United States Court of Appeals for the Seventh Circuit held in Big Ridge v. Federal Mine Safety and Health Review Commission that Congress gave MSHA powerful tools to protect miners, and that those tools include demands to inspect documents.… Keep Reading

MSHA files record number of temporary reinstatement requests

MSHA filed 39 requests with the Federal Mine Safety and Health Review Commission during fiscal year 2012 for temporary reinstatements on behalf of miners who submitted complaints of discrimination in the form of a suspension, layoff, discharge or other adverse… Keep Reading

MSHA wants discharged miner reinstated

The Mine Safety and Health Administration (MSHA) has filed a complaint with the Federal Mine Safety and Health Review Commission against Ferraiolo Construction Inc. to reinstate a worker to his former position and provide compensation for wages lost as a… Keep Reading

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