Mining Matters

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 to compare and contrast the two agencies. Curtis Moore provides an overview of the OSHA regulatory scheme and how companies can best prepare for an OSHA inspection. Chris Peterson and Arthur Wolfson do the same for MSHA. The group then follows with a lively discussion comparing the key points for each and offers insights for how companies regulated by both agencies can best prepare.

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 tracker includes and how operators may be able to spot compliance and enforcement trends from the information provided. They also discuss how they hope to use the data to provide compliance strategies based on what the trends are showing.

View the tracker here: https://www.fisherphillips.com/innovations-center/msha-tracker.html

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 and how the recent 6th Circuit Court of Appeals decision might have changed the calculus. Finally, they review what operators should consider to best train their workforce and avoid issues related to advance notice.

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 be.  The group discusses how mine safety has changed over the years and what has remained a constant.  Join the team as they forecast MSHA activity in the years to come and what operators can do to prepare.  

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 operators can expect going forward.  In this episode, Chris and Arthur review the “Take Time/Save Lives” initiative and offer their take on its potential significance and how mine operators can best prepare for what may come of it.

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 productivity of the workforce and what mine operators can do to promote mental wellbeing in their workplaces, particularly in the absence of any guidance or resources from MSHA.  The discussion also includes some steps mine operators can take right now to address this significant issue in the workplace.

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 for operators when interacting with an MSHA inspector during an inspection. They will also discuss what types of information company representative should look to gather and share their experiences in how that information can lead to positive results during the settlement and litigation process.

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 centered in the world of mine safety. Mr. Means discusses how he began practicing mine safety and what issues he saw in his practice that inspired him to author a novel centered upon the mining industry and highlighting the delicate balance of safe operations and compliance with federal mine safety regulations. 

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 – and they did!  This podcast episode discusses the rulemaking process and what to expect in a final rule now that MSHA has over 40 comments on the proposed rule.  We evaluate some of the more significant comments to the proposed rule and even drop a quick update regarding the nomination of an Assistant Secretary of Labor for 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 safety legal world, which had shaped their perspectives on issues they face. Finally, they discuss what to expect from MSHA in these times of change and give an overview of issues surrounding enforcement, rulemaking and litigation that may impact the regulated community.