Tag: MSHA

Huge Increase In OSHA And Certain MSHA Fines Announced

MSHA OSHAOSHA announced an increase to its penalties today of nearly 80 percent and some MSHA fines will increase by several thousand dollars as well.  The new civil penalty amounts, courtesy of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, are applicable only to civil penalties assessed after Aug. 1, 2016, whose associated violations occurred after Nov. 2, 2015.

OSHA’s maximum penalties, which have not been raised since 1990, will increase by 78 percent. The top penalty for serious violations will rise from $7,000 to $12,471. The maximum penalty for willful or repeated violations will increase from $70,000 to $124,709.

MSHA’s penalties will increase in some areas and decease in others.  The new minimum penalty for a 104(d)(2) Order will be $4,553 rather than $4000 and the maximum penalty for a flagrant violation will rise to $250,433 from $242,000.  However, the maximum penalty for most other MSHA violations will decrease to $68,300 from $70,000.

A Fact Sheet on the Labor Department’s interim rule is available here. A list of each agency’s individual penalty adjustments is available here.

ARTICLE BY Matthew Linton of Holland & Hart LLP
Copyright Holland & Hart LLP 1995-2016.

Mind Regulations When It Is Time To Mine

McBrayer NEW logo 1-10-13

The Department of Labor recently issued a reminder to employers involved in themining industry. As spring (slowly) approaches, surface mines will reopen. As miners head back to the job site and prepare equipment for the new season, potential for injury is high.

Of the 12,000 metal and nonmetal mines overseen by the Mine Safety and Health Administration (“MSHA”), almost half are operated on a seasonal basis, closing for winter when conditions make operations too difficult. According to MSHA information, injuries at seasonal mines climb sharply in the spring. MSHA is vested with the power to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents; to reduce the frequency and severity of nonfatal accidents; to minimize health hazards; and to promote improved safety and health conditions in the Nation’s mines.

Miner operators and managers should review safety information available at http://www.msha.gov and take the time to educate employees on the numerous hazards associated with the job. Always keep in mind that employers are responsible for providing a safe workplace; employee injuries are not only detrimental to operations, but can be costly – both financially and reputation-wise.

Article by:
Brandon K. Johnson
 
Of:
McBrayer, McGinnis, Leslie and Kirkland, PLLC