MSHA’s 2022 in Review and 2023 Forecast (Webinar Recording)

On Tuesday, February 21, 2023, Nicholas W. Scala presented a webinar regarding MSHA’s 2022 in Review and 2023 Forecast.

CaptureWith 2022 behind us, now is the time to take stock of the state of MSHA as the Biden Administration enters its third year. MSHA’s senior political leadership is now in place, and with that, we expect to see MSHA’s true agenda for rulemaking and enforcement take shape and be put into action.

This webinar reviewed the past year’s enforcement trends and initiatives, as well as the regulatory agenda, highlighting the evolution of MSHA, and its priorities for the coming year.

Participants in this webinar learned: Continue reading

Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History (Webinar Recording)

On October 27, 2021, Nick Scala hosted a webinar regarding Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History.

MSHA citations and orders can vary significantly in severity, penalty, and how they might impact your company, whether mine operators or independent contractors, moving forward. Contesting MSHA citations is a right that all operators have post issuance, whether that is done informally through MSHA’s 10-day conference program, or formally through the Federal Mine Safety and Health Commission. This presentation discussed the different avenues for contesting MSHA citations/orders, what aspects of the citations to look at when deciding whether to contest or not, and strategies for best protecting your company’s MSHA enforcement history.

Participants in this webinar learned the following: Continue reading

MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator [Webinar Recording]

On September 14, 2021, Nicholas W. Scala presented a webinar regarding MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator.

The line of demarcation between MSHA and OSHA jurisdiction is clear-cut and it is easy to determine which regulator has authority over your operations, right? While that is sometimes the case, where the MSHA/OSHA Interagency Agreement specifically outlines which agency has authority of which operation, there are most definitely gray areas. Whether looking at where the mining process ends and manufacturing beings, or what is the exact definition of mineral milling and how is it applied, there are frequently questions and concerns regarding MSHA/OSHA jurisdiction. However, frequently employers just accept the status quo or agency determination without question. This presentation will help employers ask the right questions regarding MSHA/OSHA jurisdiction at their facilities and determine whether or not challenging the agency in control is merited and worthwhile.

Participants in this webinar learned the following: Continue reading

[Webinar] MSHA Special Investigation Management: Handling §105(c) and §110 Investigations

On Wednesday, May 26th at 1:00 P.M. EST, join Nicholas W. Scala for a webinar regarding MSHA Special Investigation Management: Handling §105(c) and §110 Investigations.

CaptureIn any given year MSHA inspections are common and required. Depending on the operation, MSHA will be on-site at least two times per year for a surface mine, and at least 4 times per year at an underground operation. But what happens when MSHA’s presence on site is more targeted, whether to investigate complaints of discrimination or interference with a miner’s rights under the Mine Act, or to look into the alleged personal culpability of a member of mine management? In these circumstances, the individual managers who typically act as the operator’s representative can be caught off guard and even be the target of the investigations This presentation will explore the framework of these investigation, and strategies for managing the investigation while also protecting the rights and defenses of individuals and the company.

Participants in this webinar will learn the following: Continue reading

COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators [Webinar Recording]

On March 18, 2021, Nicholas W. Scala presented a webinar regarding COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators.

CaptureCOVID-19 is, has been, and will continue to be part of every workplace in the nation for the foreseeable future. To this point during the pandemic, MSHA has largely taken a back seat in providing guidance to the nation’s mine operators regarding COVID or attempting to enforce new or existing regulations with respect to COVID-19 in mine. The onus was passed onto mine operators to establish and implement best practices for the workforce. Now, as we enter the Biden Administration, mine operators will still shoulder the responsibility for ensuring workplace safety considerations are put into effect for COVID-19, but also, it is likely that MSHA may take a more active roll. This webinar will review lessons learned and best practices for mine operators regarding COVID-19 in the workplace, while also looking to any new or existing regulatory compliance obligation facing mine operators.

Participants in this webinar learned about the following: Continue reading

[Webinar] COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators

On Thursday, March 18th at 1:00 p.m. ET, join Nicholas W. Scala for a webinar regarding COVID-19 and MSHA: Best Practices and Compliance Strategies for Mine Operators.

CaptureCOVID-19 is, has been, and will continue to be part of every workplace in the nation for the foreseeable future. To this point during the pandemic, MSHA has largely taken a back seat in providing guidance to the nation’s mine operators regarding COVID or attempting to enforce new or existing regulations with respect to COVID-19 in mine. The onus was passed onto mine operators to establish and implement best practices for the workforce. Now, as we enter the Biden Administration, mine operators will still shoulder the responsibility for ensuring workplace safety considerations are put into effect for COVID-19, but also, it is likely that MSHA may take a more active roll. This webinar will review lessons learned and best practices for mine operators regarding COVID-19 in the workplace, while also looking to any new or existing regulatory compliance obligation facing mine operators.

Participants in this webinar will learn the following: Continue reading

Announcing Conn Maciel Carey’s 2021 MSHA Webinar Series

2021 MSHA Webinar Series

Announcing Conn Maciel Carey’s
2021 MSHA Webinar Series

With the Trump Administration’s time in office behind us, mine operators must prepare for a changing MSHA regulatory landscape under the Biden Administration. While MSHA continued its mission under Assistant Secretary Zatezalo the past few years, and some significant changes to the MSHA were put into effect – like the “blurring” of the Metal/Nonmetal and Coal divisions – there are a number of outstanding items that we now expect to move forward at the direction of the Biden team. While it is yet to be seen who will head MSHA for President Biden’s term, the anticipated leaders of the Department of Labor and OSHA have strong ties to labor organizations, which historically results in more stringent regulation and greater enforcement for employers. These impacts may be even more acutely felt by the industry when MSHA eventually publishes its rulemaking efforts on topics such as Crystalline Silica (Quartz) and Powered-Haulage Safety, which were expected before the Trump team left office. With the winds of change moving through Washington D.C., it is now as important as ever to keep tabs on MSHA developments and prepare for inspections.

Conn Maciel Carey’s complimentary 2021 MSHA Webinar Series includes free programs put on by attorneys in the firm’s national MSHA Practice Group, and is designed to give you insight into the changes and developments at MSHA during this period of flux and unpredictability. 

To register for an individual webinar, click the registration link in the program descriptions below. To register for the entire 2021 series, click here to send an email request, and we will get you registered. If you miss any of the programs this year or those hosted during prior years, here is a link to our webinar archive.

MSHA’s 2020 in Review and 2021 Forecast

Wednesday, February 24th

MSHA Update and FMSHRC Decision Review

Thursday, August 19th

COVID-19 & MSHA: Best Practices and Compliance Strategies

Thursday, March 18th

MSHA/OSHA Jurisdiction:
When, How and Why to Challenge

Tuesday, September 14th

MSHA Special Investigation Management: Handling 110 and 105(c) Investigations

Wednesday, May 26th

Contesting MSHA Citations and Orders: Tips and Strategies when Challenging

Wednesday, October 27th

What to Expect from DOL Under a Biden Admin.

Wednesday, June 16th

Recap of Year One of the Biden Administration

Tuesday, December 14th

SEE BELOW FOR DESCRIPTIONS OF THE WEBINARS AND REGISTRATION LINKS Continue reading