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Category: Legally Speaking

Grading MSHAS’s Performance After 2 Years

by brian hendrix Almost two years into President Donald Trump’s first term, how would you grade the Mine Safety and Health Administration’s (MSHA) performance? Is MSHA more effective or efficient? No doubt, our nation’s mines...

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Accident Investigation? What Could Go Wrong?

by avi meyerstein You may have some work to do to prepare for your next accident. How you handle the minutes, hours, and days following an accident can determine what kind of mess you may be dealing with — or not — for years to...

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Mining is Critical Infrastructure

by erik dullea There are two types of companies in America — those who have been hacked and those who don’t know they’ve been hacked. The gravity of this statement is even more troubling for the mining industry and your role in...

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Are Obama Coal Dust Rules Warranted?

by henry chajet Major regulatory changes adopted by the President Barack Obama administration targeting the coal industry included dust rules enforced by the Mine Safety and Health Administration (MSHA). Among them were the...

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Legally Speaking – Jan-Feb 2018

Don’t Allow Bad Deeds to Go Unpunished At some point, most mine operators have faced a dilemma where their company discovers miners have been doing something improper. The alleged infraction justifies disciplining the miners....

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Legally Speaking – December 2017

One-size Regulation Doesn’t Fit All? Consider a Modification In recent years, a number of our clients have faced Mine Safety and Health Administration (MSHA) inspectors writing citations based on new interpretations of old...

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Legally Speaking – October/November 2017

Confirmation of MSHA Nominee Seems LikelyIn 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...

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Legally Speaking – September 2017

MSHA Changes Could Make a Real Difference As the Mine Safety and Health Administration (MSHA) gets new leadership, what changes are in store? Over 40 years, technologies, safety records and industry economics have changed...

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Legally Speaking – July-August 2017

The Importance of Clarifying Employee ‘Impairment’ As Marijuana Laws Evolve As more states continue to legalize marijuana for medicinal purposes and even recreational use, employers’ rights and responsibilities are beginning to...

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Legally Speaking – June 2017

How Do You Represent Yourself When Challenging MSHA Citations? Picture this. Your mine gets a Mine Safety and Health Administration (MSHA) citation you do not agree with for a variety a reasons. The problem is, it’s been...

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Top 10 Coal Producing States & Regions

Week Ending 9/29/2018
(in Thousand Short Tons)
  YTD '18 YTD '17 % Change
Wyoming 253,260 267,859 -5.5
West Virginia 82,151 77,707 5.7
Pennsylvania 42,035 41,550 1.2
Illinois 41,500 41,169 0.8
Kentucky 33,503 35,597 -5.9
Montana 32,900 29,168 12.8
Indiana 28,580 26,698 7.1
North Dakota 24,974 24,114 3.6
Texas 24,085 30,232 -20.3
Alabama 12,300 10,926 12.6
Appalachian Total 171,250 167,103 2.5
Interior Total 116,447 123,131 -5.4
Western Total 348,314 363,631 -4.2
U.S. Total 636,011 653,866 -2.7

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