Legally Speaking Archives - Coal Age

Legally Speaking

EIA: Sanctions Impact U.S. Coal Exports to Europe

U.S. coal exports increased by 5.7 million tons in the 12 months after European Union’s sanctions on coal from Russia went into full effect in August 2022, according to the Energy Information Administration (EIA). The increase...

Haul Trucks and Hammers aren’t “Mines”

If a haul truck or a hammer is used for mining or used at a mine, does MSHA have jurisdiction over them forever, wherever they go and however they are used? Put differently, does “jurisdiction follow equipment if it travels away...

MSHA’s New Enhanced Enforcement Program is ‘Something’

The Mine Safety and Health Administration (MSHA) has a new “Enhanced Enforcement Program.” If this is news to you, you’re in good company. MSHA hasn’t done much to publicize it. Word of the program has been circulating...

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OIG’s Audit of MSHA Enforcement is a Mess

Audits aren’t fun for anyone. Most of the time, the Mine Safety and Health Administration (MSHA) is basically the auditor. Last year, the Department of Labor’s Office of Inspector General (OIG) audited MSHA to determine if MSHA...

Meeting Next Assistant Secretary for MSHA

On November 12, President Joe Biden nominated Christopher Williamson to serve as the next assistant secretary of labor for the Mine Safety and Health Administration (MSHA). Williamson secured the support of Sen. Joe Manchin and...

Unsafe Conditions Versus Unsafe Acts

Unsafe acts — not unsafe conditions — cause the majority of accidents in the mining industry.  That’s why the industry devotes so much time to training, better designs and effective supervision. This isn’t a new or novel...

MSHA’s Current Rulemaking Agenda

Conventional wisdom in Washington holds that Democrats regulate and Republicans enforce. A Republican administration will focus on the enforcement of existing rules. With a Democrat in the White House, the focus will shift to...

President Biden’s Vaccine ‘Mandate’

Writing yet another column about the COVID-19 pandemic was high on my “To Don’t” list.  You may feel the same way about reading another column about the pandemic. Yet, here we are, and we have President Joe Biden to thank or to...

Planning for and Assessing Risks of Powered Haulage

Right now, the Mine Safety and Health Administration (MSHA) is focusing on powered haulage safety. It is fair to say that powered haulage safety is one of — if not the — highest priority for MSHA. On July 20, MSHA held a...

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