FMSHRC

OSHA and MSHA Leadership Takes Shape with Confirmation of Trump Nominees

Theresa Jordan Leave a comment

By Eric J. Conn, Aaron R. Gelb, Nicholas W. Scala, and Emily Toler Scott

On Friday, October 3, almost eight months after President Trump announced their nominations, the Senate confirmed David Keeling (OSHA) and Wayne Palmer (MSHA) to lead their respective agencies, along with other key appointees for roles that will shape the Trump administration’s enforcement priorities and its regulatory (deregulatory) agenda.

Following their February nominations, Messrs. Keeling and Palmer were advanced out of the Senate Committee on Health, Education, Labor and Pensions after a public hearing for Keeling in June and without a hearing for Palmer in May. Their nominations stalled, however, in the full Senate as Senate rules required 60 votes to confirm Cabinet-level nominees, and without support from Democratic Senators, they could not advance. That changed on October 3, when the Senate exercised the “nuclear option” to allow for confirmation of Cabinet-level nominees with a simple majority vote. (A few weeks earlier, on September 19, the Senate used the “nuclear option” to confirm 48 sub-Cabinet level appointees.) After the rule change, the Senate advanced 108 nominees, including several key workplace safety and health positions:

    • David Keeling – Assistant Secretary of Labor for OSHA
    • Wayne Palmer – Assistant Secretary of Labor for MSHA
    • Jonathan Berry – Solicitor of Labor
    • Jonathan Snare – Commissioner of the Occupational Safety and Health Review Commission (OSHRC)
    • Marco Rajkovich, Jr. – Commissioner of the Federal Mine Safety and Health Review Commission (FMSHRC)

The final confirmation vote was held on October 6.

Here’s what we know about the newly confirmed leaders of the nation’s top workplace safety agencies, and the less visible but significant roles the other appointees will play as they assume office. Continue reading →

Announcing Conn Maciel Carey’s 2025 MSHA Webinar Series

Theresa Jordan Leave a comment

Following the closely watched and highly anticipated 2024 presidential election, President Trump will again take office in the White House, assuming control of the Executive Branch. As his second term begins, he and his deputies will oversee the Department of Labor’s Mine Safety and Health Administration (MSHA). After years of active rulemaking and enforcement from MSHA under President Biden, the industry is eager to see what this iteration of the agency will look like over the next four years. While MSHA will have new leadership, priorities, and direction, its core mission will remain unchanged: to regulate the nation’s mining industry and to complete its mandatory inspections for all surface and underground operations.

Although many details remain unclear, MSHA will inevitably continue its inspection and enforcement activities. As such, now is an opportune time to reflect on the key lessons learned from MSHA in recent years and, more importantly, to evaluate what we can expect from the agency over the next four years under President Trump’s leadership. Join us as we explore the latest policies, compliance strategies, and practical tools to help your organization maintain safety and compliance in the dynamic mining industry.
 
Conn Maciel Carey’s complimentary 2025 MSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the MSHA-specialist attorneys in the firm’s national MSHA Practice Group is designed to give employers insight into developments at MSHA during this period of unpredictability and significant change. To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2025 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us. Continue reading →

Announcing Conn Maciel Carey LLP’s 2023 MSHA Webinar Series!

Theresa Jordan Leave a comment

Entering MSHA’s third year under the Biden Administration, the mining industry should expect to see a more active and emboldened agency. The past year saw the completion of MSHA political leadership, and a renewed focus on rulemaking and enforcement. In the year to come, operators can expect to see at least two rules from the agency, specifically regarding MSHA’s long-awaited proposed rule on respirable crystalline silica – or respirable quartz as MSHA sometimes refers – and the final form or the Surface Mobile Equipment rule. In conjunction with the anticipated silica rule, MSHA continues to engage in increasingly aggressive enforcement regarding industrial hygiene at the nation’s mines. The coming year will be active from both an enforcement and rulemaking perspective, meaning it is as important as ever for operators to stay attuned to developments at MSHA.

Conn Maciel Carey’s complimentary 2023 MSHA Webinar Series includes free programs put on by the MSHA-focused attorneys in the firm’s national MSHA Practice Group and is designed to give employers insight into the changes and developments at MSHA during this active period for the agency.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.

 

MSHA’s 2022 in Review and 2023 Forecast
Tuesday, February 21st

 

Mid-Year Update and FMSHRC Significant Cases
Wednesday, July 19th

 

The Mine Act and MSHA Inspection Powers
Thursday, March 23rd

 

Managing MSHA Complaint & 105(c) Investigations
Tuesday, September 12th

 

Preparing for Serious Accident and Fatality Investigations
Tuesday, April 18th

 

Safety-Related Incident Investigations and Audit Reports
Thursday, October 5th

 

Where Does MSHA’s Authority Begin and OSHA’s End?
Tuesday, May 16th

 

Best Practices at Multi-Operator MSHA Sites
Wednesday November 15th 

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

Continue reading →

[Webinar] Mid-Year MSHA Update and FMSHRC Significant Decision Review

Nick Scala Leave a comment

On Thursday, August 19, 2021 at 1 p.m. ET, join Nicholas W. Scala for a webinar regarding a Mid-Year MSHA Update and FMSHRC Significant Decision Review.

The first year in an administration is full of change and depending on the speed with which an MSHA Assistant Secretary is confirmed, by mid-year the agency can begin to take shape for the coming years. Therefore, maybe even more so than other years, it is imperative that we keep tabs on MSHA, and its evolving staff and priorities. This webinar will take a look at what has transpired at MSHA in 2021, including enforcement, new initiatives, and/or rulemaking. Additionally, it will review significant case decisions that have come down from the Federal Mine Safety and Health Review Commission (FMSHRC) and its Administrative Law Judges (ALJs) that will impact the mining industry.

Participants in this webinar will learn the following: Continue reading →