Mining Matters

The Mine Safety and Health Administration (MSHA) has jurisdiction over “mines” and mining and milling processes. But there is no bright line as to when MSHA has jurisdiction and when it does not. Instead, determinations are made on fact-specific case-by-case bases. Two recent court decisions highlight the factors considered in jurisdictional determinations: The D.C. Circuit’s KC Transport decision...

May is Mental Health Awareness Month and the Mining Matters podcast welcomes back Raeann Burgo to discuss mental health in the workplace. This month, Raeann, Arthur and Chris engage in a wide-ranging discussion on current topics, including workplaces stressors related to AI, increased levels of burnout and managing re-entry into the workplace after a crisis. We hope employers find this information...

April is Workplace Violence Prevention Month and on this episode, we welcome Workplace Safety Attorney Kristin White and Active Attack Prevention Consultant Kris Sacra to discuss the topic. We discuss what workplace violence is, current trends in this area and, most importantly, what steps employers can take to keep their workplaces safe. We hope you find this episode useful in addressing this imp...

Last month, we discussed the details of the litigation process when contesting an MSHA citation. But most contested citations never actually proceed to court. This month, Arthur and Chris discuss settlement of an MSHA citation, both in informal conferencing and during the contest process. They discuss both procedural considerations and how operators can best positions themselves to get favorable r...

Contested MSHA citations that do not settle proceed to a hearing before an Administrative Law Judge (ALJ) with the Federal Mine Safety and Health Review Commission (FMSHRC). What does a hearing look like? In this episode, Arthur and Chris walk through the hearing process and give insights into how mine operators can best position themselves in case the need for a hearing arises.

As the calendar flips to 2026, operators can expect a lot of developments in mine safety. With new leadership at MSHA and changes to the Review Commission, 2026 is shaping up to be an impactful year. In this episode, Chris and Arthur give an overview of the key issues they’ll be tracking in 2026 and offer their thoughts on what changes the regulated community may see.

Mine operators are aware that certain immediate legal steps may be required in the immediate aftermath of a serious incident. But what steps should be taken to protect the company’s long-term interests and reputation when a crisis occurs? In this episode, Arthur and Chris welcome Rick Grimaldi , attorney and Co-Chair of Fisher Phillips’ Reputation and Crisis Management Practice Group, to discuss t...

With the ongoing lapse in federal funding, much of the federal government is not working. This has a direct impact on MSHA (Mine Safety and Health Administration). While inspection and investigation activity continues, other functions at MSHA are not operating. So, what are mine operators to do? In this episode, Arthur and Chris review what the federal shutdown means for operators, what ongoing re...

Mine operators are familiar with the process of inspectors visiting the mine to ensure that a cited condition has been abated. But what if operators could demonstrate abatement by sending information to MSHA (Mine Safety and Health Administration) instead of having inspectors return? This process is typical in the OSHA context and was recently raised as a possibility for MSHA. In this episode, Art...

It is often said that the Federal Mine Safety and Health Act is a “strict liability” law. As a legal term, “strict liability” means “liability without fault.” But what does that mean? In this episode, Arthur and Chris explain this foundational concept of the Mine Act and then offer real world examples to explain what it looks like. They also explain that, while strict liability poses a challenge t...

What challenges are operators facing with MSHA (Mine Safety and Health Administration) in 2025? What can they do about it? In this episode, Chris and Arthur tackle these questions and more with mine safety consultants DJ Schmutz and Kim Redding from MSHA Safety Services Inc. The group discusses challenges posed by inexperienced inspectors, how operators can best position themselves, and what they...

The Department of Labor recently issued a memorandum announcing the relaunch of the opinion letter program . The memorandum announced that several agencies within the DOL, including OSHA, will offer the public the opportunity to obtain opinion letters to address particular questions regarding compliance. While MSHA is included in the memorandum, it will not be offering opinion letters in this way....

May is Mental Health Awareness Month and although this episode is publishing in June, there’s never a wrong time to talk about mental health in the workplace. In this episode, Arthur and Chris welcome back Raeann Burgo , attorney in Fisher Phillips’ Pittsburgh office, to discuss the latest in mental health and what it means for employers. Raeann provides an update on trends and issues she’s seeing...

Employers are faced with unexpected challenges every day. Frequently, the ability to conduct a timely and effective internal investigation will be the difference in managing and responding to situations as they arise. This month, Arthur and Chris welcome Erin Gibson Allen, an attorney and member of Fisher Phillips Workplace Investigations Practice Group to discuss the importance of workplace inves...

Among the unique features of the Mine Act is the authority for MSHA to pursue both civil and criminal liability against individuals in their capacity as managers. But to get to that point, MSHA will engage in an in-depth investigation triggered by an elevated enforcement action against the company. In this episode, Arthur and Chris review Section 110 of the Mine Act, which authorizes personal liab...

In a time of uncertainty within the federal government, mine operators can continue to expect regular MSHA inspections. MSHA is statutorily required to inspect all surface mines twice per year and all underground mines four times per year. That won’t change despite other major changes that may occur within federal agencies. With that in mind, this month’s episode of Mining Matters goes back to bas...

The new year has brought with it a new administration and changes are on the horizon for all federal agencies, including MSHA. But what can mine operators reasonably expect from the new regime? In this episode, Chris and Arthur offer their thoughts on what may and may not change from MSHA in the new administration. They also offer tips on what to look for in 2025 as new leadership at the agency ta...

A mine operator who inadvertently misses the deadline for contesting a proposed penalty assessment is not without recourse. To proceed with a contest after a missed filing deadline, the operator must first file a Motion to Reopen Proceedings with the Review Commission. Upon a showing of good cause that the contest date was missed due to “mistake, inadvertence, surprise or excusable neglect,” the R...

Earlier this year, the Supreme Court issued a bombshell of a decision in Loper Bright Enterprises et al. v. Raimondo, overturning the longstanding Chevron standard for interpreting ambiguous statutory terms. But while the Court relegated Chevron to the dustbin of history, it did not offer a roadmap for how statutory interpretation will look going forward.  While all of this may seem academic, it h...

In this episode, Chris and Arthur discuss one of the discretionary tools in MSHA’s toolbox: impact inspections. Although not new, impact inspections have made a comeback recently with the current MSHA regime. While MSHA is authorized to conduct impact inspections at any time and at any mine, if unprepared, an operator facing an impact inspection could find itself in a precarious position. This epi...

For the past two years, the Mining Matters podcast has welcomed Raeann Burgo, a partner in Fisher Phillips’ Pittsburgh office, to discuss mental health in the workplace and how mine operators can put steps to promote mental well-being into action. These episodes are among our most downloaded in the podcast’s history. This year, Arthur and Chris welcome Raeann back to provide an update on mental he...

The Mine Act contains a robust whistleblower provision that affords certain rights to miners and prohibits certain actions by employers. But like all laws, Section 105(c) contains specific nuances. In this episode, Arthur and Chris will review Section 105(c) of the Mine Act and discuss each element of a whistleblower claim. They will also discuss what it looks like in real life when a whistleblowe...

Among MSHA’s most onerous requirements is that mine operators must report an “injury with a reasonable potential to cause death” to the agency within 15 minutes. But, what is an “injury with a reasonable potential to cause death?” Neither the Mine Act or MSHA’s regulations provide any definition. And caselaw points in different directions. A recent Review Commission decision, where the Commissione...

MSHA released its long-awaited rule on surface mobile equipment just before the end of 2023. The rule, which applies to both the coal and metal/non-metal sectors, will require operators to develop safety programs on surface mobile equipment, designate responsible persons to oversee those programs and update them at least annually. Operators can expect MSHA inspectors to review their programs durin...

In early December, MSHA released its mine safety data for FY2023 , ending September 30, 2023. The data includes a look at the number of mines and miners, as well as enforcement trends and accident and injury numbers. MSHA also provides a 7-year look back for similar information. What does all this data mean? In this episode, Chris and Arthur decipher these numbers and discuss these numbers and how...