Legally Speaking - October/November 2017

Confirmation of MSHA Nominee Seems Likely
In the September “Legally Speaking” column, Washington D.C., defense counsel Avi Meyerstein discussed his top 10 list of needed Mine Safety and Health Administration (MSHA) reforms derived from his history of contested cases:
1. Stress safety priorities;
2. Seek consistent regulatory applications without improper changes;
3. Accept clear and historically recognized compliance mandates;
4. Require meaningful district manager citation validity conferences;
5. Appoint a powerful MSHA headquarters ombudsman;
6. Require inspector mitigating circumstances information collection and training;
7. Enhance inspector enforcement training;
8. Require human factor accident analysis, including drugs and alcohol;
9. Recognize agency achievements since 1978; and
10.Adopt efficiency and effectiveness tools to build on achievements, recognizing the steep reduction in the number of mines.

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