Deep Dive into Unwarrantable Failures

MSHA has a variety of enforcement options available in cases of non-compliance, with Unwarrantable Failure being one of the more significant but commonly encountered options. Unwarrantable Failures are issued when MSHA determines that an operator has engaged in Aggravated Conduct, leading the agency to adopt a more aggressive stance with both enforcement and the abatement process. This webinar will delve into the concept of Warrantable Failures from both practical and legal viewpoints.

Participants in this webinar will learn:

• The definition of an Unwarrantable Failure and how it differs from routine enforcement actions
• The legal definitions and grounds for both the issuance and defense of Unwarrantable Failures
• Effective strategies for navigating the abatement process and avoiding the D-Chain.