Is Handling Paperwork the Weakest Link in a MSHA Defense Strategy?

By Avi Meyerstein

You knew you would contest that Mine Safety and Health Administration (MSHA) citation even before you saw it in writing. You would fight it all the way to the Supreme Court if you had to. If the inspector was right, you might have to change your mining methods mine-wide to avoid future citations. At that moment, only one thought provided comfort: “At least I’ll have my day in court.”

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State Marijuana Legislation Will Impact Miners

By Matthew F. Nieman and Linda Otaigbe

While marijuana remains an illegal drug under federal law, 23 states and the District of Columbia currently have laws legalizing the use of medical marijuana in some form. Four states, Colorado, Oregon, Washington and Alaska, and the District of Columbia, have legalized marijuana for recreational use. A number of states have decriminalized possession of marijuana as well, including Colorado and Washington, both of which allow use in small amounts for users over 21.

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WARNing! Steps to Consider Before Downsizing

By Erik M. Dullea and Penny Ann Lieberman

The Worker Adjustment and Retraining Notification Act (WARN) was enacted in 1988. While the law and its regulations have not changed significantly since then, there have been several court decisions interpreting WARN’s provisions.

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Holding ’Em, Folding ‘Em: Guidelines for Contesting Citations

By Mark Savit

I am often asked for advice on whether or not to contest a citation. The answers are always different, but the principles are all the same, so I thought I would take this opportunity to try to lay those out again for everyone to consider, along with a couple of thoughts about the process in general.

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Closer to a Definitive Explanation

By Breyana Penn

The Brody Mining case is essentially the first of its kind, and the decisions made as a result of this litigation could likely shape the future of what the term pattern of violations (POV) means. In October of 2013, a POV notice was issued to Brody Mining which included 54 underlying citations alleging an array of violations.

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