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Mandatory training contributes to record-low fatalities
Mining deaths have been on a long downward trend. The 28 deaths that occurred in mines in 2015 were an all-time low. A number of factors contribute to this continuous improvement. Conscientious...
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Advances in safety management lowers fatality rate
Safety in metal and nonmetal mines in the first three months of 2016 improved over 2015 – and last year was a record year for fatality reduction in mining. It is no accident that there are fewer...
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Defining ‘negligence per se’
Negligence per se is a legal concept employed in lawsuits to cement a claim for damages. A motion for summary judgment will contend there is no question of negligence for a jury to decide. A...
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Tug of War: MSHA’s power to vacate citations
A mine operator contests proposed Mine Safety & Health Administration (MSHA) penalties by sending a notice of contest to MSHA. From there, the agency must file a petition for assessment of civil...
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MSHA document demands upheld
The United States Court of Appeals for the Seventh Circuit in Big Ridge Inc. v. Federal Mine Safety and Health Review Commission said the following in May 2012 about the Mine Safety & Health...
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Thanks, Mike
In my nearly 21 years at Pit & Quarry magazine, a great deal of content has passed through my desk and across my computer screen. A number of talented writers have contributed, including editors...
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Legal counsel in accident investigations
We have been asked what happens during a Mine Safety & Health Administration (MSHA) accident investigation and what we, as counsel, do in an investigation. All accidents must be reported to MSHA...
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Uncovering significant and substantial violations
Before the Mine Safety & Health Administration (MSHA) can issue an unwarrantable failure citation, the violation must be significant and substantial. Before MSHA can issue pattern of violations...
View ArticleProtecting yourself from misinterpretations in legal matters
Words follow you – especially words you have written and words written about you. Legal cases are won or lost on words. In today’s world, emails and other writings are readily accessible to anyone who...
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