The Obama Administration's Enhanced MSHA Enforcement

The mining industry continues to be under expanded scrutiny in the health and safety arena, both from federal regulators and the media. While this paper will briefly discuss how enforcement activity, both with citations issued and the size of penalties proposed, the primary focus will be practical suggestions to deal with some key, high-risk areas for a mine operator which could have substantial impact, both in terms of liability and mine operations. It goes without saying that all mine operators need to continue compliance programs they have in place with careful ongoing evaluation of those plans for areas of improvement. The focus here will not be compliance as such, but rather steps to take and procedures to have in place to try to minimize risks in the face of the potential for more significant liability. Thus, our focus will be procedures to respond to unwarrantable failure citations, immediately reportable accidents, and to deal with potential pattern of violation issues.1