April 22nd, 2025
10:00 AM PT
Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by mine operators and contractors, causing significant frustration and potential repercussions. In this webinar, we will take a deep dive into Section 105(c) of the Mine Act, providing a comprehensive overview of who and what is protected by MSHA's whistleblower provision, as well as the subsequent investigation and litigation processes that arise from a complaint.
Participants will learn about:
- How to effectively respond to a notice of a whistleblower complaint.
- The types of complaints that MSHA is authorized to investigate under its whistleblower statute.
- Recent updates and changes in legal decisions related to whistleblower protections.
- The current litigation landscape for those defending against a whistleblower complaint.
Speakers
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Nicholas W. Scala
Chair, MSHA • Workplace Safety Practice Group, Conn Maciel Carey LLP
Nick Scala is Chair of the national MSHA • Workplace Safety Practice at Conn Maciel Carey. He focuses his practice on issues involving mining safety and health law, representing mining companies, on both the surface and underground, independent contractors and cement manufacturers. Nick represents and advises clients in all phases of involvement with the Mine Safety and Health Administration (MSHA), particularly guiding companies through MSHA investigations and challenging enforcement and jurisdiction by the agency. Prior to representing the mining industry, he worked as a miner and he is a Certified Mine Safety Professional through the International Society of Mine Safety Professionals.
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Scott Hecker
Senior Counsel, OSHA • MSHA Workplace Safety and Labor Employment Practice Groups
Scott Hecker is a Senior Counsel in Conn Maciel Carey LLP’s Washington, DC office supporting the OSHA, MSHA, and Labor and Employment practice groups. Before joining CMC, Scott spent 10+ years at the U.S. Department of Labor, where he held roles such as trial attorney and National Office attorney in the Occupational Safety and Health Division of the Solicitor’s Office. He also worked at an international law firm, counseling and litigating on behalf of employers in numerous areas, including workplace safety, child labor, and government relations and policy.
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