Mine Safety & Health Administration (MSHA)

Overview

Steptoe & Johnson’s Mine Safety and Health Administration (MSHA) Team attorneys regularly represent major mine operators, resource processing facilities, and mine service providers before administrative law judges and regulatory agencies, including the Federal Mine Safety and Health Review Commission. Team attorneys are supported by the deep bench strength of our Labor and Litigation Departments. In addition, energy attorneys actively monitor legislative actions and proactively share knowledge with clients about the ever-changing regulatory environment.

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Areas of Focus

MSHA team attorneys regularly counsel clients on issues including the following:

Part 50 audits
PPOV and POV
Internal training
Fatality and serious accident investigation
Criminal representation
Section 105(c) and 110(c) investigations
Decertification proceedings
104 citations and orders
Conferencing of enforcement actions

Highlights

Litigation strategies based on the client’s strategic goals
Cost containment strategies
Mining Emergency Response Team
History of partnering in the creation of alternate fee arrangements
In-depth industry knowledge allows our team to protect clients without unnecessary and costly discovery

Representative Experience

Represented mining companies in numerous 105(c) actions
Defended mine operators in the contest of “flagrant” MSHA violations totaling millions of dollars in penalties
Defended mine operators facing “flagrant violations,” “imminent danger” orders, and forced production of company records
Defended coal operators in fatality and injury investigations by MSHA, the Kentucky Office of Mine Safety & Licensing, and the West Virginia Office of Miners’ Health, Safety & Training
Represented mining companies on pattern of violations issues
Defended coal mine employees in decertification proceedings before the West Virginia Coal Mine Safety Board of Appeals
Provided on-site assistance to mine operators during MSHA investigations following fatalities and traumatic injuries
Successfully litigated 104(d) orders and 104(a) citations for mining companies
Handled multiple 110(c) special investigations representing mining companies and mine employees
Defended coal miners in criminal prosecutions arising from their work activities