Mine Safety & Health Administration

Our MSHA team represents clients dealing with the Mine Safety and Health Administration (MSHA) and state mine safety agencies, including hearings before administrative law judges, appeals before the Mine Safety and Health Review Commission and courts of appeal. We address everything from routine citations and orders to accident investigations, special investigations and criminal prosecutions.

In addition, we counsel and represent clients in the areas of participation in rulemakings and legislative initiatives; litigation seeking to clarify the applicability of mine safety regulations to particular circumstances; petitions for modification; and class actions involving mining equipment defects and mine exposure claims. In connection with our Mine Safety & Health practice, we consult with experts in the areas of mine planning and operations, equipment operation and maintenance, ventilation design, and other areas related to administrative or civil claims asserted in the context of active mining operations.

The mining industry undoubtedly presents unique challenges to employers with regard to safety and health issues. A heavily-regulated environment, combined with the nature of the work, means employers must be vigilant in identifying and addressing issues, and we can help.

We offer a full range of services in connection with mine safety and health law, including:

  • Representing employers in accident investigations, special investigations and safety
    discrimination investigations;
  • Representing employers in litigation before the Federal Mine Safety and Health Review Commission, state regulatory agencies and in federal and state courts;
  • Assisting clients in drafting and submitting petitions for modifications and variance requests;
  • Drafting comments on proposed rules;
  • Interpreting regulations;
  • Providing supervisor training seminars and other in-house safety seminars for our clients;
  • Conducting safety and health audits;
  • Defending employers against charges of discrimination, retaliation or whistleblowing activities;
  • Defending employers against charges of deliberate intent to cause injury or illness; and
  • Defending mine operator agents in civil and criminal investigations in cases where violations of the Mine Safety and Health Act are alleged.