Mining Matters

In this episode, Arthur and Chris welcome a special guest, Joseph Riney, Vice President of Operations at the Nevada Mining Association to discuss how the association works to represent its members' interests in public policy and mine safety. The group discusses a wide range of issues, including educating Nevadans about the mining industry, the current state of mine safety policy, and developments...

The D.C. Circuit Court of Appeals issued its long-awaited decision regarding whether MSHA has jurisdiction over a trucking company’s facility that exists off mine property. And while many expected the Court to provide meaningful guidance on MSHA’s jurisdictional reach to non-mining companies and non-mine locations, the Court’s decision actually answers very little. Instead, the Court asked MSHA to...

With publication of MSHA’s long-anticipated proposed silica rule, Chris and Arthur discuss the process of rulemaking that results in new regulations. They discuss the legal framework put forth by the Administrative Procedure Act and how that process plays out in the real world. Finally, they discuss the opportunities for interested parties to participate in the rulemaking process and why it is so...

Training is among the primary responsibilities that mine operators face. MSHA’s regulations include a number of necessary trainings, with substantive requirements for each. Beyond MSHA, it is incumbent upon mine operators to provide the best training they can so that miners are working safely. The issue of training has taken on an even greater focus of late, both due to challenges of newer workers...

May is Mental Health Awareness Month and following up on the success of last year’s episode on Promoting Mental Wellbeing in the Workplace, our team is back to bring practical steps to mine operators. This month, Chris and Arthur welcome back our colleague Raeann Burgo to offer her expertise on workplace mental health. We review why promoting health is so important in the mining industry and offer...

In this episode, Arthur and Chris welcome a special guest, Paul Krivokuca, Vice President of Health and Safety at National Mining Association to discuss how policy-level developments in Washington, DC related to mine safety. The group discusses a wide range of issues, including the current state of mine safety policy, developments that may be on the horizon and how mine operators can take part in...

As our MSHA team discussed in our new year prediction insight, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential administration change, retirements throughout the inspector ranks, and an anemic regulatory agenda, MSHA now appears to be pointed in a new and more robust direction. What do...

This episode is Part Two of a two-part series discussing conferencing and the settlement process. Did you know that once you reach a settlement with a Conference Litigation Representative or Solicitor, it has to be approved by an Administrative Law Judge? The issue of settlement approval has been the subject of cases before the Review Commission for a number of years, and several more cases are cu...

In this episode Arthur and Chris discuss the MSHA conferencing process under 30 C.F.R. Part 100. While it can be a mystery at times, they describe the basics of the process and what operators can expect when they seek to informally discuss a citation or order with MSHA. Arthur and Chris begin by outlining the requirements of requesting a conference and provide useful insight for what to include in...

For every contested MSHA citation, mine operators and their attorneys work hard to put the best case forward to tell the company’s side of the story. But in that same case, an attorney for the Department of Labor’s Office of the Solicitor is doing his or her best to show why the inspector was correct. In this episode, Arthur and Chris welcome their Fisher Phillips colleagues Matthew Korn and Patri...

The Mine Act requires that conditions cited by an MSHA inspector be abated within a reasonable time. But who determines what is reasonable and what happens if abatement cannot be achieved in that time? In this episode, Arthur and Chris tackle the issue of abatement of cited conditions under the Mine Act. They discuss what the law requires, what operators may see from inspectors and how best to nav...

What are the similarities and differences between OSHA and MSHA? How should a company that operates at both OSHA and MSHA regulated sites prepare? In this episode, Fisher Phillips’ OSHA-focused podcast, Toolbox Talk, and MSHA-focused podcast, Mining Matters, join forces to compare and contrast the two agencies. Curtis Moore provides an overview of the OSHA regulatory scheme and how companies can b...

In this episode, Chris and Arthur discuss Fisher Phillips’ brand new MSHA inspection tracker. Chock full of data, this new tool will provide operators a glimpse of recent MSHA activity. Chris and Arthur discuss the different types of data the tracker includes and how operators may be able to spot compliance and enforcement trends from the information provided. They also discuss how they hope to us...

On this episode of Mining Matters, Arthur and Chris discuss recent developments regarding the issue of advance notice of MSHA inspections, particularly in light of a key Circuit Court decision. They review what advance notice has been thought to be and how the recent 6th Circuit Court of Appeals decision might have changed the calculus. Finally, they review what operators should consider to best t...

In this episode, Arthur and Chris are joined by mine safety consultant and former MSHA official Diane Watson for a wide-ranging discussion on mine safety and compliance – where it has been, where it is now, and where it will be.  The group discusses how mine safety has changed over the years and what has remained a constant.  Join the team as they forecast MSHA activity in the years to come and wh...

MSHA recently unveiled a new initiative, “Take Time/Save Lives” that focuses largely on training and “task awareness.”  Although policy initiatives such as this are not binding as law, they can provide an insight into the Agency’s priorities and what mine operators can expect going forward.  In this episode, Chris and Arthur review the “Take Time/Save Lives” initiative and offer their take on its...

In this episode, Arthur and Chris welcome a special guest, attorney Raeann Burgo, and discuss another important safety topic – mental health in the mining industry.  The team talks about what mental illness is, how it affects the safety and productivity of the workforce and what mine operators can do to promote mental wellbeing in their workplaces, particularly in the absence of any guidance or re...

As mine operators are well aware, MSHA wields significant authority during an inspection. But operators that prepare to actively participate in an inspection will best position themselves during that process. In this episode, Arthur and Chris discuss some best practices for operators when interacting with an MSHA inspector during an inspection. They will also discuss what types of information comp...

Does the world of mine safety provide the background for a compelling fiction novel? In this episode, Arthur and Chris talk with special guest, Tim Means, a long-time mine safety attorney about his new novel “Copper Canyon,” a fast-paced story centered in the world of mine safety. Mr. Means discusses how he began practicing mine safety and what issues he saw in his practice that inspired him to au...

Most operators aware of MSHA’s Proposed Rule on mobile and powered haulage equipment at surface mines and surface areas of underground mines for both metal/non-metal and coal.  We encouraged operators and trade associations to file comments regarding the rule – and they did!  This podcast episode discusses the rulemaking process and what to expect in a final rule now that MSHA has over 40 comments...

In the first episode of Mining Matters, Chris Peterson and Arthur Wolfson introduce the new podcast and discuss their goals for bringing timely mine safety insights to the audience.  Chris and Arthur talk about their own experiences in the mine safety legal world, which had shaped their perspectives on issues they face. Finally, they discuss what to expect from MSHA in these times of change and gi...

Welcome to Mining Matters, a new podcast about the latest and greatest in mine safety from Fisher Phillips. Join us monthly to discuss topics such as the new power haulage rule, basics of mine safety law and hear from some amazing guest speakers who are well known in the MSHA industry.  Fisher Phillips partners Arthur Wolfson from our Pittsburgh office and Chris Peterson from our Denver office wil...