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Michael T. Heenan

Revising interpretations

If a federal agency has published an interpretation of a regulation, can the agency later revise that interpretation at will or is it fixed in stone? In a recent case, the U.S. Supreme Court said agencies could revise their interpretations… 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

Mine fatality causes and prevention

Here’s a breakdown of the fatal U.S. mine accidents this year through Sept. 30: Coal mines ■ Four underground employees on foot were crushed by equipment in operation. ■ Two employees were killed by unblocked equipment they worked on. ■… Keep Reading

Walk-around denied

An MSHA inspector arrives at your operation and asks if you’ll accompany him during an inspection. A representative of miners, if there is one, also has “walk-around rights.” Does it matter if the inspector does not provide such opportunities for… 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

Why 2014 is the year of the workers’ voice

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MSHA has recently expressed concern about fatalities in the aggregates industry and about employees taking risks by not focusing on potential consequences. The agency has emphasized that fundamental procedures, such as locking out and blocking equipment, are indispensable to preventing… Keep Reading

Accident and injury reports

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MSHA is under pressure to audit mine operator reports of accidents, injuries and illnesses. The inspector general of the U.S. Department of Labor issued a report in March that notes while MSHA has taken steps to detect and deter underreporting,… Keep Reading

Miners’ rights to representation

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The signature box on MSHA’s Representative of Miners Designation Form reads as follows: “I certify that I have been designated as representative by at least two miners who work at the mine. A copy of this form has been delivered… 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

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