Mining Matters

Mining Matters episodes:

• 06.10.2024

  What’s New in Mental Health in the Workplace

  For the past two years, the Mining Matters podcast has welcomed Raeann Burgo, a partner in Fisher Phillips’ Pittsburgh office, to discuss mental health in the workplace and how mine operators can put steps to promote mental well-being into action....

  
• 04.30.2024

  Section 105(c) of the Mine Act: An Introduction

  The Mine Act contains a robust whistleblower provision that affords certain rights to miners and prohibits certain actions by employers. But like all laws, Section 105(c) contains specific nuances. In this episode, Arthur and Chris will review Section 105(c) of the...

  
• 02.28.2024

  What is an Injury with a Reasonable Potential to Cause Death?

  Among MSHA’s most onerous requirements is that mine operators must report an “injury with a reasonable potential to cause death” to the agency within 15 minutes. But, what is an “injury with a reasonable potential to cause death?” Neither the Mine Act...

  
• 01.08.2024

  New Year, New Rule: What’s in Store with MSHA’s New Surface Mobile Equipment Standard

  MSHA released its long-awaited rule on surface mobile equipment just before the end of 2023. The rule, which applies to both the coal and metal/non-metal sectors, will require operators to develop safety programs on surface mobile equipment, designate responsible persons...

  
• 12.20.2023

  MSHA FY2023 Data: What does it all mean?

  In early December, MSHA released its mine safety data for FY2023, ending September 30, 2023. The data includes a look at the number of mines and miners, as well as enforcement trends and accident and injury numbers. MSHA also provides a...

  
• 10.06.2023

  Mine Safety from the Nevada Mining Association Perspective

  In this episode, Arthur and Chris welcome a special guest, Joseph Riney, Vice President of Operations at the Nevada Mining Association to discuss how the association works to represent its members' interests in public policy and mine safety. The group...

  
• 08.28.2023

  The D.C. Circuit’s KC Transport Decision: More Questions than Answers

  The D.C. Circuit Court of Appeals issued its long-awaited decision regarding whether MSHA has jurisdiction over a trucking company’s facility that exists off mine property. And while many expected the Court to provide meaningful guidance on MSHA’s jurisdictional reach to...

  
• 07.20.2023

  How Does Rulemaking Work?

  With publication of MSHA’s long-anticipated proposed silica rule, Chris and Arthur discuss the process of rulemaking that results in new regulations. They discuss the legal framework put forth by the Administrative Procedure Act and how that process plays out in...

  
• 06.20.2023

  Training is Key to Mine Operators’ Safety and Compliance Efforts

  Training is among the primary responsibilities that mine operators face. MSHA’s regulations include a number of necessary trainings, with substantive requirements for each. Beyond MSHA, it is incumbent upon mine operators to provide the best training they can so that...

  
• 05.23.2023

  Mental Health in Mine Safety: Steps you Can Take and Tools you Can Use

  May is Mental Health Awareness Month and following up on the success of last year’s episode on Promoting Mental Wellbeing in the Workplace, our team is back to bring practical steps to mine operators. This month, Chris and Arthur welcome...

  
• 04.06.2023

  What’s New in Mine Safety? A view from the Nation’s Capital

  In this episode, Arthur and Chris welcome a special guest, Paul Krivokuca, Vice President of Health and Safety at National Mining Association to discuss how policy-level developments in Washington, DC related to mine safety. The group discusses a wide range...

  
• 02.27.2023

  Five Mine Safety Predictions for 2023

  As our MSHA team discussed in our new year prediction insight, the Mine Safety and Health Administration appears to have found its footing – and that means mine operators need to be on their toes in 2023. After a presidential...

  
• 01.19.2023

  You Settled Your Case, Right?

  This episode is Part Two of a two-part series discussing conferencing and the settlement process. Did you know that once you reach a settlement with a Conference Litigation Representative or Solicitor, it has to be approved by an Administrative Law...

  
• 12.19.2022

  Navigating the MSHA Conferencing Process

  In this episode Arthur and Chris discuss the MSHA conferencing process under 30 C.F.R. Part 100. While it can be a mystery at times, they describe the basics of the process and what operators can expect when they seek to...

  
• 11.22.2022

  MSHA Litigation from the Solicitor’s Perspective

  For every contested MSHA citation, mine operators and their attorneys work hard to put the best case forward to tell the company’s side of the story. But in that same case, an attorney for the Department of Labor’s Office of...

  
• 09.30.2022

  How Do We Fix This? Navigating the Requirements and Potential Pitfalls of MSHA Abatement

  The Mine Act requires that conditions cited by an MSHA inspector be abated within a reasonable time. But who determines what is reasonable and what happens if abatement cannot be achieved in that time? In this episode, Arthur and Chris...

  
• 08.03.2022

  Toolbox Talk and Mining Matters Crossover to Discuss Similarities and Differences of OSHA and MSHA

  What are the similarities and differences between OSHA and MSHA? How should a company that operates at both OSHA and MSHA regulated sites prepare? In this episode, Fisher Phillips’ OSHA-focused podcast, Toolbox Talk, and MSHA-focused podcast, Mining Matters, join forces...

  
• 07.05.2022

  Introducing the Fisher Phillips MSHA Inspection Tracker

  In this episode, Chris and Arthur discuss Fisher Phillips’ brand new MSHA inspection tracker. Chock full of data, this new tool will provide operators a glimpse of recent MSHA activity. Chris and Arthur discuss the different types of data the...

  
• 06.03.2022

  What is advance notice? MSHA knows it when it sees it.

  On this episode of Mining Matters, Arthur and Chris discuss recent developments regarding the issue of advance notice of MSHA inspections, particularly in light of a key Circuit Court decision. They review what advance notice has been thought to be...

  
• 04.25.2022

  Mine Safety and Compliance: A Look Back and a Look Forward

  In this episode, Arthur and Chris are joined by mine safety consultant and former MSHA official Diane Watson for a wide-ranging discussion on mine safety and compliance – where it has been, where it is now, and where it will...

  
• 03.25.2022

  What should we expect from MSHA’s latest initiative, “Take Time/Save Lives”

  MSHA recently unveiled a new initiative, “Take Time/Save Lives” that focuses largely on training and “task awareness.”  Although policy initiatives such as this are not binding as law, they can provide an insight into the Agency’s priorities and what mine...

  
• 02.10.2022

  Mental Health as a Mine Safety Issue: Promoting Mental Wellbeing in the Workplace

  In this episode, Arthur and Chris welcome a special guest, attorney Raeann Burgo, and discuss another important safety topic – mental health in the mining industry.  The team talks about what mental illness is, how it affects the safety and...

  
• 01.11.2022

  Preparation is the Key to Successfully Managing an MSHA Inspection

  As mine operators are well aware, MSHA wields significant authority during an inspection. But operators that prepare to actively participate in an inspection will best position themselves during that process. In this episode, Arthur and Chris discuss some best practices...

  
• 12.20.2021

  An Interview with Mine Safety Lawyer and Novelist Tim Means

  Does the world of mine safety provide the background for a compelling fiction novel? In this episode, Arthur and Chris talk with special guest, Tim Means, a long-time mine safety attorney about his new novel “Copper Canyon,” a fast-paced story...

  
• 11.22.2021

  MSHA’s Proposed Powered Haulage Rule: The comments are in…now what?

  Most operators aware of MSHA’s Proposed Rule on mobile and powered haulage equipment at surface mines and surface areas of underground mines for both metal/non-metal and coal.  We encouraged operators and trade associations to file comments regarding the rule –...

  
• 11.03.2021

  What To Expect From Our Podcast... And From MSHA

  In the first episode of Mining Matters, Chris Peterson and Arthur Wolfson introduce the new podcast and discuss their goals for bringing timely mine safety insights to the audience.  Chris and Arthur talk about their own experiences in the mine...

  
• 10.21.2021

  Mining Matters Introduction

  Welcome to Mining Matters, a new podcast about the latest and greatest in mine safety from Fisher Phillips. Join us monthly to discuss topics such as the new power haulage rule, basics of mine safety law and hear from some...