Nicholas Scala

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

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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)

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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]

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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 →

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

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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 →

MSHA’s 2020 in Review and 2021 Forecast [Webinar Recording]

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On February 24, 2021, Nick Scala of Conn Maciel Carey presented a webinar regarding MSHA’s 2020 in Review and 2021 Forecast.Capture

With 2020 behind us, now is the time to take stock of the state of MSHA as the Biden Administration begins. We will review the past year’s enforcement trends and initiatives, as well as regulatory agenda, highlighting the evolution of MSHA and its priorities during the Trump Administration. We will also look to the future, examining how MSHA is most likely to change in the first year of the Biden Administration, and what new enforcement policies will replace those the industry has grown accustomed to the last 4 years.

Participants in this webinar learned the following: Continue reading →