MSHA

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

Theresa Green Leave a comment

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 →

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

Theresa Green 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 →

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

Nick Scala Leave a comment

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 →

Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History

Nick Scala Leave a comment

On Wednesday, October 27, 2021 at 1 p.m. ET, join Nick Scala for 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 will discuss 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 will learn the following: Continue reading →

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

Nick Scala Leave a comment

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 and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator

Nick Scala Leave a comment

On Tuesday, September 14, 2021 at 1 p.m. ET, join Nick Scala for a webinar regarding MSHA and OSHA Jurisdiction: When, How, and Why to Challenge Your Regulator.

CaptureThe 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 will learn the following:

Continue reading →

Mid-Year MSHA Update and FMSHRC Significant Decision Review (Webinar Recording)

Nick Scala Leave a comment

On August 19, 2021, Nicholas W. Scala presented 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 learned the following: 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 →

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

Nick Scala Leave a comment

On Wednesday, May 26th, Nick Scala presented 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 four 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 learned the following: Continue reading →

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

Nick Scala Leave a comment

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 →