Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
In this webinar, we will explore developments occurring midway through the first year of the Trump Administration. We will provide an overview of significant updates at MSHA related to leadership, rulemaking, and enforcement....more
Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more
Our Workplace Safety thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
The Federal Mine Safety and Health Review Commission just concluded that an employer was being untruthful when it claimed that it did not provide advance warning to fellow workers about an imminent mine inspection, taking the...more
Unanimous decisions from the Federal Mine Safety and Health Commission are rare, but on July 11, 2019, the Commission ruled 5-0 to reverse an Administrative Law Judge’s finding of a fall protection violation in Sims Crane...more
Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more
The legal basis of interference is in Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) - “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise...more
The Federal Mine Safety and Health Review Commission is back in business as it will soon have a quorum again to decide cases. The Commission plays an important role in mine safety and health law....more
Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more
Here’s an all-too-familiar story with an all-too-uncommon ending. An MSHA inspector saw equipment positioned a certain way, assumed that someone had used it unsafely in that position, and issued a citation. A judge then...more
On July 31, the Sixth Circuit Court of Appeals decided that administrative law judges (ALJs) within the Mine Safety and Health Administration (MSHA) are "inferior officers" and therefore subject to the Constitution's...more
After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
On July 31, the U.S. Court of Appeals for the Sixth Circuit decided the case of Jones Brothers, Inc. v. Secretary of Labor, et al., another decision involving the authority of a federal administrative law judge to decide a...more
The Supreme Court of the United States, on Friday, January 12, 2018, agreed to decide whether the former practice of the Securities and Exchange Commission (SEC) of having its chief judge appoint administrative law judges...more
In recent months, Federal Mine Safety and Health Review Commission judges have been rejecting settlement agreements and denying settlement motions with more frequency due to a lack of justification for proposed citation...more
An impending decision by the Federal Mine Safety and Health Review Commission (the Commission) reveals a split among members as to the safety risks posed by violations of a roof control plan, though they agreed the company in...more
According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the...more