Mining Matters

Fisher Phillips

A mine safety podcast brought to you by safety attorneys at Fisher Phillips

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    Crisis Management: Beyond the Legal Requirements

    Mine operators are aware that certain immediate legal steps may be required in the immediate aftermath of a serious incident. But what steps should be taken to protect the company’s long-term interests and reputation when a crisis occurs? In this episode, Arthur and Chris welcome Rick Grimaldi, attorney and Co-Chair of Fisher Phillips’ Reputation and Crisis Management Practice Group, to discuss these issues. Rick offers key insights into the risks to guard against and immediate steps that may be taken should a crisis occur. The group also discusses how companies can plan and train when no crisis is occurring so they are best prepared should the need to act arise.

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    What are you doing during the government shutdown?

    With the ongoing lapse in federal funding, much of the federal government is not working. This has a direct impact on MSHA (Mine Safety and Health Administration). While inspection and investigation activity continues, other functions at MSHA are not operating. So, what are mine operators to do? In this episode, Arthur and Chris review what the federal shutdown means for operators, what ongoing responsibilities remain, and how mine safety personnel can best proceed during this unusual time.

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    What would abatement by certification look like?

    Mine operators are familiar with the process of inspectors visiting the mine to ensure that a cited condition has been abated. But what if operators could demonstrate abatement by sending information to MSHA (Mine Safety and Health Administration) instead of having inspectors return? This process is typical in the OSHA context and was recently raised as a possibility for MSHA. In this episode, Arthur and Chris explore this possibility for MSHA, what challenges it might pose and what questions would need to be answered if it is rolled out.

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    The Mine Act is a Strict Liability Law: What does that Mean?

    It is often said that the Federal Mine Safety and Health Act is a “strict liability” law. As a legal term, “strict liability” means “liability without fault.” But what does that mean? In this episode, Arthur and Chris explain this foundational concept of the Mine Act and then offer real world examples to explain what it looks like. They also explain that, while strict liability poses a challenge to operators who may disagree with enforcement actions, there are caveats to it that may provide relief in certain circumstances.

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    MSHA in 2025: A View from the Field

    What challenges are operators facing with MSHA (Mine Safety and Health Administration) in 2025? What can they do about it? In this episode, Chris and Arthur tackle these questions and more with mine safety consultants DJ Schmutz and Kim Redding from MSHA Safety Services Inc. The group discusses challenges posed by inexperienced inspectors, how operators can best position themselves, and what they hope to see from MSHA going forward in a lively discussion.

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    DOL Relaunches Opinion Letter Program; Should MSHA Join the Party?

    The Department of Labor recently issued a memorandum announcing the relaunch of the opinion letter program. The memorandum announced that several agencies within the DOL, including OSHA, will offer the public the opportunity to obtain opinion letters to address particular questions regarding compliance. While MSHA is included in the memorandum, it will not be offering opinion letters in this way. Instead, MSHA is offering an “Information Hub,” which is essentially a reconfiguring of information that it already provides. In this episode, Arthur and Chris explain the DOL opinion letter program and call on MSHA to also offer this option to the regulated community in the same manner that OSHA does for general industry.

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    What’s New in Mental Health? Tips for the Mining Industry and Beyond

    May is Mental Health Awareness Month and although this episode is publishing in June, there’s never a wrong time to talk about mental health in the workplace. In this episode, Arthur and Chris welcome back Raeann Burgo, attorney in Fisher Phillips’ Pittsburgh office, to discuss the latest in mental health and what it means for employers. Raeann provides an update on trends and issues she’s seeing in this area and the group also discusses a hypothetical situation that an employer may face. We conclude by offering resources and best practices for our listeners to take back to their workplaces.

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    What’s Going On? The Importance of Proper Internal Investigations in Safety and Health

    Employers are faced with unexpected challenges every day. Frequently, the ability to conduct a timely and effective internal investigation will be the difference in managing and responding to situations as they arise. This month, Arthur and Chris welcome Erin Gibson Allen, an attorney and member of Fisher Phillips Workplace Investigations Practice Group to discuss the importance of workplace investigations, how to prepare for them before an incident occurs and how best to execute them when the need arises. The wide-ranging discussion includes specific points for safety and health and offers tips based on experience in the field.

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A mine safety podcast brought to you by safety attorneys at Fisher Phillips

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    Mining Matters