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Safety and the Law

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

Personal safety

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With a little free time over the holidays, someone I highly regard was doing work at home. The plan was to reposition a DVD-VCR player that did not fit the shelf it was on after the cable company put in… 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

MSHA investigation focus

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MSHA conducts three major types of investigations: accident investigations, special investigations and discrimination investigations. Trends are changing, and MSHA is shifting its emphasis to certain areas over others. Regular inspectors who are assigned to investigate the specific incident conduct these… Keep Reading

Investigations and prosecutions

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An MSHA inspector insists on talking to employees privately. Supervisors are also questioned. An MSHA representative asks to meet with all employees on the night shift. A team of inspectors interviews employees and supervisors individually regarding an anonymous hazard complaint.… 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

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