2019 MSHA WEBINAR series

Entering 2019, the Trump Administration MSHA continues to establish its identity and is preparing for changes within the Agency. After the first full year with Assistant Secretary Zatezalo in place, MSHA did not stop enforcement but rather completed the rollout of an Obama-era regulation in the Metal/Nonmetal industry and continued to consider revamping MSHA’s silica regulations.

2019 will also bring a push of new initiatives and inspections by MSHA, with a focus on powered haulage and fire suppression on mobile equipment. At the same time, the year ahead will create a fundamental change in the Agency’s composition with a merging of the Coal and Metal/Nonmetal divisions. With these changes, operators must continue to stay vigilant in pursuit of compliance and to protect their interests during interaction with MSHA.

Conn Maciel Carey’s complimentary 2019 MSHA Webinar Series, hosted by the firm’s national MSHA Practice Group, is designed to give you the tools to prepare your mining operations for forthcoming initiatives, rulemaking and enforcement for 2019 and beyond.

To register for an individual webinar, click the registration link in the program descriptions below. To register for the entire 2019 series, click here to send an email request, and we will get you registered. If you miss any of the programs this year or those hosted during prior years, here is a link to our webinar archive.

Mid-Year MSHA and FMSHRC Update

Thursday, August 8, 2019

Responding to MSHA Document Requests

Wednesday, October 10, 2019

Requirements and Limitations of MSHA Citations and Orders

Thursday, December 12, 2019

 

February 7, 2019 1:00pm ET

MSHA 2018 in Review and 2019 Predictions​

Presented by Nicholas W. Scala

To prepare for the future of MSHA enforcement, it is essential to review the past. A review of 2018’s trends, initiatives and statistics will set the table for a discussion of what to expect from the Agency moving forward. Specifically, this webinar will look at potential rulemaking topics as we enter the second year with Assistant Secretary Zatezalo at the helm, and how the “One MSHA” merger of the Coal and Metal/Nonmetal divisions could affect operators.

 

During this webinar, participants will learn about:

  • 2018 MSHA enforcement statistics and trends;

  • Potential 2019 rulemaking targets and MSHA initiatives; and

  • Effects of current enforcement focus areas and the “One MSHA” reconfiguration.

 

Click here to register

April 10, 2019 1:00pm ET

What to Do During MSHA Accident and Injury Investigations​

Presented by Nicholas W. Scala

The hours, days and weeks following an on-site accident are stressful and at times chaotic environments for employees and managers alike. While the well-being of any injured party is the priority, operators must also ensure appropriate action is taken to comply with MSHA regulations and assess the incident while taking steps toward preventing a similar occurrence.These concerns are enough to manage without the likely visit from MSHA to investigate, at which time inspectors will conduct employee interviews and issue citations and orders in the event of alleged noncompliance.

 

This webinar will review immediate compliance requirements following an accident, as well as strategies to limit exposure and protect company interests while allowing MSHA to complete its investigation.

 

During this webinar, participants will learn about:

  • Responsibilities of mine operators and independent contractors in the event of an accident;

  • Miner and mine management rights during a subsequent MSHA investigation; and

  • Best practices for conducting internal accident investigations.

 

Click here to register

June 4, 2019 1:00pm ET

Preventing and Defending MSHA Whistleblower Claims

Presented by Nicholas W. Scala

 

A priority under the Obama Administration across workplaces nationwide, the mining industry was not immune to the spike in discrimination cases brought forward by MSHA. While these cases may not receive the attention they once did, discrimination cases under Section 105(c) of the Mine Act remain an active area of MSHA investigation and prosecution, and perhaps one of the most costly and difficult allegations for operators to defend.

 

This webinar will provide an overview of those protected by Section 105(c), best practices for preventing such claims and how to defend your operation if a claim is brought forward.

 

During this webinar, participants will learn about:

  • Protected activities and potentially adverse actions against miners;

  • How to survive an MSHA whistleblower investigation; and

  • Ways to defend a discrimination claim brought by MSHA or by a miner.

 

Click here to register

August 8, 2019 1:00pm ET

Mid-Year MSHA and FMSHRC Update

Presented by Nicholas W. Scala ​

An end of year review is always helpful, but with the ever-changing regulatory landscape, and a steady stream of Federal Mine Safety and Health Review Commission decisions, it is equally important to take stock of the landscape during each summer. We are in the thick of MSHA’s enforcement season and rounding out the last few months of the Agency’s fiscal year. What has changed since summer 2018 and how are the changes affecting the county’s mine operators and contractors?

 

This webinar will explore year-to-date enforcement trends and updates, while diving into relevant FMSHRC decisions that are directly impacting MSHA and the compliance responsibilities of operators.

 

During this webinar, participants will learn about:

 

  • MSHA enforcement trends and initiatives through mid-2019;

  • Impacts on mine operator compliance due to FMSHRC decisions; and

  • Strategies to prepare operations for changing enforcement tactics and standard interpretations.

 

Click here to register

October 10, 2019 1:00pm ET

Responding to MSHA Document Requests During Inspections, Investigations and Litigation

Presented by Nicholas W. Scala

MSHA regulations require that mine operators and independent contractors maintain certain records on-site and internally. There is no question that when an inspector requests these records, for the period they are required to be maintained, employers must comply. But what happens when MSHA inspectors, or special investigators, request documents outside these required records? What are the ramifications for turning non-required records over to MSHA, or not doing so?

 

This webinar will evaluate the document retention and production obligations of operators, and how to deal with document requests and production throughout different types of investigations or litigation.

 

During this webinar, participants will learn about:

 

  • Recordkeeping requirements at MSHA sites;

  • How to respond to MSHA document requests during inspection, investigations or litigation; and

  • Resolutions for document production demands outside the scope of required records.

 

Click here to register

December 12, 2019 1:00pm ET

Requirements and Limitations of MSHA Citations and Orders​

Presented by Nicholas W. Scala

While most operators know how to respond to an inspector issuing 104(A) citations, what happens when the inspector issues a 104(B) or 107(A) or 104(D)? Each citation and order issued by MSHA either requires or prohibits some action from an operator, whether the production operator or independent contractor. Sometimes, a single order mandates action or inaction by both parties.

 

This webinar will review MSHA’s available citations and orders, with an emphasis on the appropriate reaction by operators to prevent further enforcement and safeguard contest rights.

 

During this webinar, participants will learn about:

 

  • Available citations and orders that can be issued by MSHA inspectors;

  • How to identify what action should be taken, or what action is prohibited, depending on the citation/order issued; and

  • How to preserve an operator’s contest rights while complying with MSHA issuances.

 

Click here to register.

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