2018 is here, and with it comes a new chapter for the mining industry under MSHA regulation. This will mark the Agency’s first full year with the Trump Administration, and it begins with MSHA’s leadership team appointed, confirmed and in place. This leaves the industry with questions regarding the status moving forward from past enforcement initiatives, such as impact inspections, Rules to Live By and pending rulemaking, while also leaving operators curious as to what new priorities will manifest as MSHA moves forward. As we push into the new year, it is as important as ever that the mining industry monitor MSHA as the policies and tone of this administration unfold.
Conn Maciel Carey’s complimentary 2018 MSHA Webinar Series, hosted by the firm’s national MSHA Practice Group, is designed to give you the tools to prepare your mining operations for forthcoming initiatives, rulemaking and enforcement for 2018 and beyond.
To register for an individual webinar, click the link below the program description. To register for the entire 2018 series, click here to send us an email request, and we will register you. If you missed any programs from prior years, here’s a link to an archive or recordings for those webinars.
SEE BELOW FOR DESCRIPTIONS OF THE WEBINARS AND REGISTRATION LINKS
2018 MSHA Agency Review and Outlook
Wednesday, January 24, 2018 at 1pm ET
Presented by Nicholas W. Scala
With 2017 behind us, it’s time to look forward to what MSHA has in store for next year. To close the year, the agency rounded out its leadership with the confirmation of ASsistant Secretary Zatezalo and began review of pending and new rulemaking effords. This groundwork will shape the future of MSHA during the Trump Administration over the next three years.
This webinar will review the new MSHA leadership team, developments in rulemaking and enforcement, and other issues of importance for the nation’s mine operators.
During this webinar, participants will learn about:
- The new MSHA leadership team;
- Rulemaking advances, including with MSHA Metal/Nonmetal rule for Workplace Exams; and
- Areas ripe for change under the first full year of a Trump Administration MSHA
Click here to register
MSHA Jurisdiction: Where Does it Begin and End?
Wednesday, March 14, 2018 at 1 PM ET
Presented by Nicholas W. Scala
The Mine Act of 1977 governs all mine operators, and grants MSHA authority over the industry. While the agency clearly has the power to regulate and inspect active mining operations around the country, its reach has limits, and stakeholders should be aware of when it is appropriate to challenge MSHA’s grasp.
This webinar will review the limits of MSHA’s jurisdiction, beginning with the OSHA/MSHA Interagency Agreement up until the recent 6th Circuit decision in Maxxim Rebuild.
During this webinar, participants will learn about:
- The operations which clearly fall within, and outside, the limits of MSHA’s governance;
- The effects of recent decisions from the Federal Mine Safety and Health Review Commission and Federal Court system on MSHA’s power; and
- How to challenge MSHA attempts to inspect operation and facilities outside their jurisdiction.
Click here to register
The Status of the Final Rule for Metal/Nonmetal Workplace Exams
Wednesday, May 23, 2018 at 1 PM ET
Presented by Nicholas W. Scala
With all the delays, pauses and changes endured since MSHA first released its Final Rule for the Examination of Working Places in Metal/Nonmetal Mines, it is hard to believe that was just in January 2017. While the industry has braced for the rule to go into effect on several different dates since that release, there has been consistent opposition and toe dragging to putting it into action.
This webinar will review the evolution of the rule since its first proposal, and outline elements that operators, and independent contractors must adhere to when it goes into effect.
During this webinar, participants will learn about:
- The changes from the proposed rule to the current draft set to go into effect;
- The requirements for compliance with the Final Rule for workplace exams; and
- Best practices to avoid potential enforcement by MSHA.
Click here to register
MSHA Enforcement Update and Legal Developments
Wednesday, July 18, 2018 at 1 PM ET
Presented by Nicholas W. Scala
As we pass the midpoint of 2018, it is important to take a moment to look back on the enforcement trends developed during the previous six months. It is also important that operators don’t lose sight of Federal Mine Safety and Health Review Commission decisions which affect MSHA’s interpretation and enforcement of the nation’s mines.
This webinar will review the enforcement trends and MSHA initiatives to date in 2018, as well as the resulting FMSHRC decisions from industry contest. Operators and contractors will be able to put this information into effect for compliance and contest purposes.
During this webinar, participants will learn about:
- MSHA enforcement trends and initiatives of 2018;
- The effects of recent FMSHRC decision on MSHA enforcement and compliance; and
- Strategies to prepare operations to comply with the changing enforcement tactics and interpretations.
Click here to register
Responsibilities and Regulations with Independent Contractors
Wednesday, September 26, 2018 at 1 PM ET
Presented by Nicholas W. Scala
Independent Contractors continue to be in integral part of the mining industry. While contractors work at mines across the county each day without issue, production operators and contractors must be aware of the delineation of liability and responsibility when working together. Not only are there concerns of enforcement liability with MSHA for the actions of each company upon the other, but civil litigation exposure in the event of accidents or injuries.
This webinar will review the delineation of responsibilities for each operator on a site, both production and independent contractor, and provide strategies for working cooperatively while protecting each company’s interests.
During this webinar, participants will learn about:
- Liability under the Mine Act for all operators working at a mine;
- MSHA’s ability to cite both companies for the violations of one operator; and
- Best practices for working together and allocation of responsibilities on site.
Click here to register
Unwarrantable Failures: Evaluation the Causes and Effects
Wednesday, November 7, 2018 at 1 PM ET
Presented by Nicholas W. Scala
Whether having received one, been threatened with one by an inspector, or heard of an issuance to another company, most operators have had at lease heard the terms 104(d) or Unwarrantable Failure. These are some of MSHA’s most powerful enforcement tools, and the states for additional enforcement and liability significantly increase after the issuance, in addition to the penalties.
This webinar will review the definition of Unwarrantable Failures, both through MSHA regulation and guidance and the cases that govern them.
During this webinar, participants will learn about:
- What is an unwarrantable failure, and how and why these are issued by MSHA;
- The criteria that must be evaluated when determining whether or not to classify a violation as an unwarrantable failure; and
- Potential effects of receiving an unwarrantable failure, including explanation of the “D-Chain” and agent liability concerns under Section 110.
Click here to register