Conn Maciel Carey LLP’s national MSHA & Mine Safety Practice focuses its attention and energy to best serve the mining industry by navigating the ever-evolving area of MSHA law and maintaining a deep, real-time understanding of the issues impacting companies residing within the industry.
- Iron Ore
- Construction Sand and Gravel
- Coal
- Gypsum
- Crushed Limestone
- Traprock
- Silica and Frac Sand
- Cement Manufacturers
- Mining Industry Contractors
- Surface Metal/Non-Metal Operations
- Underground Metal/Non-Metal Operations
- Accidents and Fatality Investigations
- Semi-Annual or Quarterly inspections
- Impact Inspections
- Hazard Complaint Investigations
- Discrimination Complaint Investigations
- Citations Designated as Reckless Disregard
- Citations and Orders Issued under Section 104(d) of the Mine Act
- Orders Issued under Sections 104(b) and 107(a) of the Mine Act
- Whistleblower Complaints Under Sections 105(c) of the Mine Act
- Section 110 Investigations and Charges Against Individual Agents of Management
- Employee Complaints
- Multi-agency Investigations (OSHA, CSB, EPA, MSHA, ATF, NTSB, etc.)
- Mine Act Criminal Referrals and Prosecutions
- Recordkeeping Violations
- Representation of Employers and Industry Organizations in MSHA Rulemaking Proceedings
- Proactive Safety and Health Policy Development and Compliance Assistance
- Advising and Training Management and Supervisory Personnel on Rights and Responsibilities During MSHA Investigations
- Represented large iron ore operation following significant MSHA enforcement inspection resulting in more than 100 citations and $300,000 in civil penalties. Litigation and eventual settlement resulted in substantial penalty reduction, elimination of all elevated orders, and suspension of 110(c) investigation against agents of the company.
- Represented crushed limestone operation following MSHA enforcement resulting in seven104(d)(1) unwarrantable failures and more than $540,000 in civil penalties, resulting in 90 percent penalty reduction and modification of all 104(d)(1)’s to 104(a) citations.
- Oversaw fatal accident investigation for silica sand operation, and represented company in subsequent MSHA investigation.
- Represented crushed limestone operation in hazard complaint investigation and subsequent MSHA investigation.
- Represented contractor in 104(d)(1) unwarrantable failure case in which two unwarrantable failures were issued, resulting in elimination of unwarrantable failure status for both orders.
