Special Institute on Mine Safety and Health Law
200 Constitution Ave., NW
Join Dinsmore's Bob Beatty at the Special Institute on Mine Safety and Health Law. Bob will be panelist for the Pattern of Violations section. MSHA’s Pattern of Violation (POV) rule became effective in 2013. A challenge to the rule is pending in the Sixth Circuit, and an enforcement case is pending before the Commission on interlocutory review. This panel will explore the mechanics of the POV rule and the current state of the law on various issues, including: establishing a pattern; ﬁnal orders versus non-ﬁnal orders; implications for POV if citations/orders used to meet the POV screening criteria are later modiﬁed; challenging the POV notice; availability of temporary relief available under Section 105(b)(2); and difﬁculties and challenges in litigating POV cases.