Links to Articles About MSHA

MSHA Compliance

February 23, 2010

CONGRESS HOLDS HEARING ON MSHA CASE BACKLOG

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 3

©2010 Jackson Kelly PLLC

The House Committee on Education and Labor, under Chairman George Miller (D-CA), held a hearing on Tuesday, February 23, 2010, to discuss “Reducing the Growing Backlog of Contested Mine Safety Cases.”

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February 08, 2010

MSHA’s 2011 Budget Justification

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 2

©2010 Jackson Kelly PLLC

There can be few things as dry as a federal agency’s Congressional Budget Justification but the 85 page document that the Mine Safety and Health Administration (“MSHA”) recently released to justify its FY2011 budget submission to Congress has some interesting information for mine operators. The budget submission reflects the agency’s expected emphasis on health issues and impoundments and references the recently-announced enforcement program for priority standards.

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January 29, 2010

NEW MSHA ENFORCEMENT PROGRAM FOR PRIORITY STANDARDS

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 1

©2010 Jackson Kelly PLLC

On January 27, 2010, Joseph A. (Joe) Main, Assistant Secretary of Labor for Mine Safety and Health, and MSHA unveiled an upcoming enforcement program to prevent fatalities within the mining industry. The program will be titled “Prevent Fatalities – Rules to Live By.” MSHA plans to start implementation of the program on March 15, 2010.

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February 06, 2009

A FRESH LOOK AT THE S&S ANALYSIS

For clients and friends of Jackson Kelly PLLC

Volume 5, Number 1

©2009 Jackson Kelly PLLC

The elements of the significant and substantial (“S&S”) analysis are well established. In order to establish an S&S violation, MSHA must prove: (1) the underlying violation of a mandatory safety standard; (2) a discrete safety hazard; (3) a reasonable likelihood that the hazard contributed to will result in injury; and (4) a reasonable likelihood that the injury in question will be of a serious nature. Mathies Coal Co., 6 FMSHRC 1, 3-4 (1984). However, the Federal Mine Safety and Health Review Commission (“Commission”) is sometimes amenable to new arguments addressing each of these elements, and in two recent cases, mine operators prevailed in overcoming the S&S designation for alleged violations of § 75.400.

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Link to Jackson Kelly:
http://safety-health.jacksonkelly.com/congressional-and-state-obbying-and-monitoring/

 

 

Links to February 2010 News Articles on MSHA:

This one is a "must read" ~
MSHA Unwarrantable Failure Criteria Under Spotlight
by Adele Abrams, in Rock Products.com
http://rockproducts.com/safety/msha_unwarrantable_failure_0210/


Sorting Out Mine Safety
by Rick Markley, in Rock Products.com
http://rockproducts.com/news/agg1_safety_0210/


Quarry News.com Database on MSHA Articles and News:
Type "MSHA" in the search box at the top right hand corner of the page.
http://www.quarrynews.com/ME2/Audiences/dirmod.asp?sid=&type=AdvancedSearch&nm=Advanced&mod=Site+Search&level=2&p=1

In the News:

Safe Pro, Inc. currently has so much news on their website that I encourage you to click on their link and read all of it. http://safeproinc.com/

Here is another very important piece of information from Safe Pro, Inc.'s website that is a must read:

"6 More Provisions About the Proposed S Miners Act That You Should Know"

http://safeproinc.com/6_more_provisions_about_the_prop._minersact_you-should_know.htm

HUGE NEWS from Jim Sharpe and Safe Pro, Inc :

MSHA's March 15th Enforcement Initiative:
http://safeproinc.com/msha_march_15_enforcement_initia.htm

Here is a copy of the letter that the North Carolina Aggregate Association sent to their Congressmen. They are encouraging your association to use it as a guideline to write your own letter. Thank you to Safe Pro, Inc's website for this information.

http://safeproinc.com/msha_letter_to_congresspoeple.htm

Have you guys seen this yet? If you have material stockpiled and claim it as inventory, you will have to pay taxes on each individual pile.

This article is from the December 2009 issue of The Concrete Producer and is titled: Is the Tax Man Coming?

http://www.theconcreteproducer.com/industry-news.asp?sectionID=1427&articleID=1151383

Blasting Contractors Getting Squeezed:

http://rockproducts.com/drilling-blasting/rock_blasting_contractors_0110/

MSHA Marks 40th Anniversary:

http://greglemke.wordpress.com/2009/12/30/msha-marks-40th-anniversary-of-landmark-mine-legislation/

Interview with Joe Main:

http://blogs.wvgazette.com/coaltattoo/2009/11/20/joe-main-outlines-priorities-for-msha/

Joe Main Promises Law and Order:

http://rockproducts.com/safety/rock_new_safety_sheriff/

Expect Enforcement:

http://www.aggman.com/expect-enforcement/

Breaking News from MSHA: 

Black Lung is Bad

http://thepumphandle.wordpress.com/2009/12/03/breaking-news-from-msha-black-lung-is-bad/

Straight Talk on Safety:

http://www.aggman.com/straight-talk-on-safety/

Paper Paper Everywhere:

http://www.aggman.com/paper-paper-everywhere/

D-Paper D-Ciphered:

http://www.aggman.com/d-paper-d-ciphered/

The Art of Air Sampling:

http://www.aggman.com/the-art-of-air-sampling/

MSHA Liability for Injuries:

http://www.pitandquarry.com/pitandquarry/Law/MSHA-liability-for-injuries-8212-a-continuing-saga/ArticleStandard/Article/detail/283020?contextCategoryId=579&searchString=MSHA

MSHA's Mythical Documents:

http://www.pitandquarry.com/pitandquarry/Law/MSHAs-mythical-documents/ArticleColumn/Article/detail/68709?searchString=MSHA

MSHA Enforcement in 2009:

http://www.pitandquarry.com/pitandquarry/Features/MSHA-enforcement-in-2009/ArticleStandard/Article/detail/582621?contextCategoryId=46769&searchString=MSHA

Who Investigates MSHA?:

http://www.pitandquarry.com/government/laws-regulations/who-investigates-msha

Congress Is Getting Tough on Mining

Here is a link to an article that came out on January 3, 2010 regarding new rules on mining ... how much is this legislation going to cost your business?

http://cbs4denver.com/local/After.years.of.2.1402429.html


A link to an article on MSHA getting more money for enforcement dated December 15, 2009:

http://blogs.wvgazette.com/coaltattoo/2009/12/14/senate-approves-more-funding-for-msha/


Link to: "Is MSHA speaking clearly on coal dust limits?"

http://blogs.wvgazette.com/coaltattoo/2009/12/08/is-msha-speaking-clearly-on-coal-dust-limits/


Link to: Pit and Quarry's "MSHA's Enforcement in 2009"

http://www.pitandquarry.com/pitandquarry/Features/MSHA-enforcement-in-2009/ArticleStandard/Article/detail/582621?contextCategoryId=46769&searchString=MSHA


Link to: Patton Boggs' "MSHA's Extensive Enforcement Authority"

http://www.pattonboggs.com/files/News/dddaf446-3e1c-4a2a-a7ae-065c912cd3fd/Presentation/NewsAttachment/d84e2987-109f-41a3-967f-0a55cd01e70d/February%202006%20%28Hendrix%29-Posted.pdf

Link to: "Article on MSHA's Pattern of Violations"
http://www.dinslaw.com/files/News/61243dfd-5cb8-4180-9b3c-02eee5c9b909/Presentation/NewsAttachment/145a7ec4-fafb-4163-9b27-04a7a077cf57/MSHA%27s%20Use%20of%20Pattern%20of%20Violations.pdf

There are two interesting articles regarding MSHA in August's online Rock Products magazine. The first is by Adele Abrams, " Citation History Bites Back", and the second is by James Sharpe, "An MSHA Survival Guide". Click on the links below to read the articles.

Adele's Article:
http://viewer.zmags.com/publication/e1e7bf6e#/e1e7bf6e/10


Jim's Article:
http://viewer.zmags.com/publication/e1e7bf6e#/e1e7bf6e/12

More Articles on MSHA:

Please check out the informative new articles in the July 2009 online edition of Patton Boggs regarding MSHA, at the following link:

www.pattonboggs.com/newsletters/insights/Release/insights_2008_07.htm#4

Article Titles:

"Congress Increases MSHA Funding"

"MSHA Rulemaking Rush Continues"

"New Pattern of Violation Notices"

"MSHA Citations for Violations Increases"

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Link to: The Fly Ash Threat by William Palmer, Jr.:

http://concreteconstructionmagazine.com/industry-news.asp?sectionID=700&articleID=1167997

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Link to October 4, 2009 -
60 Minutes Segment on Fly Ash:

http://www.cbsnews.com/video/watch/?id=5362297n

After watching this show last night, I realized that I have a lot to learn about the safety of fly ash, and how it may effect our health. Fly ash (coal dust) has been used as back fill in many things, and has been used in some sand and gravel pits across the nation. It is also used to replace concrete in redi-mix for environmentally green (LEEDS) projects, such as schools and other government buildings, because it cuts down on carbon dioxide released into the air. However, fly ash also contains a lot of arsenic and mercury, according to the 60 Minutes show and in articles found on the internet.

I just started my research on this today, and this article is my no means even begun, but I wanted to share some of the information I have found so far, along with MSHA's material on particulates and MSDS for easy reference. MSHA has announced that they will focusing on sampling silica and other particulates.

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HazCom:
Hazard Communication for the Mining Industry
30 CFR Part 47 - MSHA Link:

http://www.msha.gov/REGS/COMPLIAN/GUIDES/hazcom/hazcomcompguide.pdf