Workplace Examinations: What is Going to Happen with the Rule?

January 2017 MSHA published a revision to the rules requiring workplace examinations in 30 CFR 56/5718002. That rule was challenged by a group of trade associations represented by Jackson Kelly in the US Court of Appeals for the Eleventh Circuit. On September 12, 2017 MSHA proposed revisions to some portions of the rule. As a result the litigation challenging the rule was put on stay. Those amendments are still pending before the agency. The presentation will discuss the challenge, the potential amendments and provide some thoughts on what compliance might look like going forward.

Hank Moore is a member of the Jackson Kelly’s nationwide Workplace Safety Practice Group. His practice is primarily concentrated in the areas of compliance counseling, litigation of civil and criminal enforcement matters, accident investigation and discrimination claims under both state and federal statutory provisions. His career in workplace safety law commenced in 1978, and he has counseled clients in a variety of industries, including coal mining, metal and nonmetal mining, stone, sand and gravel operations. He has handled litigation before the administrative law judges of the Federal Mine Safety and Health Review Commission, appeals to the Commission itself, and appeals to the US Courts of Appeals.

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