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MSHA & The Law

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Determining when MSHA is inspecting or investigating

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Although the Mine Safety & Health Administration (MSHA) makes regular inspections of mine sites, operators should be sure to manage an agency investigation differently. Keep Reading

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How to prepare for the blitz of impact inspections

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Following an uptick in fatal mining accidents, the Mine Safety & Health Administration has resumed publishing impact inspection reports for the first time since 2020. Keep Reading

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Operating safely when there is no MSHA standard

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When a new technology is introduced, it is tempting to assume that all of the new associated risks will be identified and addressed. This, however, is not always the case. Keep Reading

Aggregate producers are raising concerns as MSHA merges coal inspectors with the metal/nonmetal mining sector. Photo by Kevin Yanik

What operators must know about civil penalty assessments

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Contesting civil penalties brought forth by the Mine Safety & Health Administration can bring about changes to the citation. Keep Reading

Getting workers back into a pit or quarry in 2022 is sadly easier said than done. Photo: isabela66/iStock / Getty Images Plus/GettY Images

A common-sense approach to MSHA jurisdiction

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The Federal Mine Safety & Health Review Commission recently held that the Mine Safety & Health Administration (MSHA) does not have jurisdiction to inspect equipment located off mine property, even if it is sometimes used at a mine. Keep Reading

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MSHA accident investigation reports should tell whole story

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The Mine Safety & Health Administration (MSHA) referencing the presence of drugs – whether prescription or non-prescription – or alcohol in an accident investigation report would be the overwhelming exception to the rule. Keep Reading

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Taking safety beyond training mandated by MSHA

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Training is essential to ensure miners understand how to safely perform a task. Training lays the groundwork for safety, but MSHA-mandated training alone is not enough. Keep Reading

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Remembering Carin Burford: A template for a life well lived

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Ogletree Deakins’ Bill Doran and Margo Lopez pay tribute to their colleague Carin Burford, an impeccably prepared and fearless lawyer who died this month. Keep Reading

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MSHA in transition mode as 2021 nears its end

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Ogletree Deakins' Bill Doran and Margo Lopez examine where we are with Mine Safety & Health Administration (MSHA) enforcement, as well as what can be expected from the agency in 2022. Keep Reading

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