MSHA | Williams Kilpatrick, PLLC

WK Partner Presented at ABA’s Mid-Winter Meeting

The Occupational Safety and Health Law Committee of the American Bar Association’s Labor and Employment Section held its mid-winter meeting on March 3rd to the 6th in Palm Springs, California. The meeting featured a full day of MSHA programming with many EMLF members speaking and a full OSHA program as well. One of Williams Kilpatrick’s…

MSHA VACATES CITATIONS AFTER CONCEDING NO JURISDICTION AT STONE CUTTING YARD

After eleven years of operation without being inspected by the Mine Safety and Health Administration (“MSHA”), Real Stone Veneers of TN, LLC (“RSV”) was cited for alleged violations of MSHA regulations at two of its facilities. RSV harvests fieldstone and transports it to two different off-site facilities, where RSV cuts the fieldstone into smaller sizes…

Increase in Criminal Enforcement in MSHA Cases

There has been a recent increase in criminal enforcement in MSHA cases. The increase in MSHA criminal cases stems from a December 17, 2015 Memorandum of Understanding (“MOU”) between the Department of Labor (“DOL”) and the Department of Justice (“DOJ”). Under the Memorandum of Understanding Investigators are encouraged to investigate workplace safety (including MSHA) violations…

Sixth Circuit Rules on Appointment of FMSHRC ALJs

On July 31, 2018, the United States Court of Appeals for the Sixth Circuit issued a decision in a case Noelle Holladay True from our firm is handling, Jones Brothers, Inc. v. MSHA, Case No. 17-3483, ruling that the Federal Mine Safety and Health Review Commission (“Commission”) did not properly appoint the administrative law judge…

America’s Mining Industry: Dynamic, Complex And Ever-Evolving

In the intricate tapestry of American industries, few are as dynamic and rapidly evolving as mining. At Williams Kilpatrick, PLLC, we encapsulate the essence of mining in the 21st century with a single word: turbulent. While coal mining may be the initial image that comes to mind for those less acquainted with the industry, the…

Mine Accident Investigations: Why Legal Counsel Is So Important

Safety is a top priority for mining operators, and with good reason. According to the U.S. Bureau of Labor Statistics, mining is among the top ten most dangerous occupations, with more than 25 fatalities per 100,000 workers. Managing hazards and ensuring safety compliance can go a long way toward reducing the risks inherent in the…

What to Expect During an MSHA Mine Inspection

The Mine Safety and Health Administration (MSHA) division of the U.S. Department of Labor is required to inspect surface mines twice a year, and underground mines four times a year. Additional inspections are required for mines with higher levels of toxic gas and/or explosives, as well as those that are reported due to hazardous conditions. Knowing what…