MSHA

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MSHA

We regularly represent major coal operators and family-owned mines 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.

16 Team Members

We're all in this together

Know How

Webinar March 2013 - Webcast Slides - MSHA Citations and Orders: Preparing for Negotiation & Litigation
Preparing to negotiate or litigate MSHA citations and orders is an increasingly tedious task.  Jonathan Ellis and Peter Raupp will discuss the litigation process for MSHA citations and orders, including tips on what you can do at the time of the MSHA inspection to prepare for the eventual negotiation and/or possible litigation of any citations and orders issued.Topics to be discussed:The litigation and negotiation process for MSHA citations and ordersTips on documenting to assist in defending against citations and ordersIssues related to spoliation of evidenceRecent FMSHRC decisions
Webinar March 2013 - Webcast Presentation - MSHA Citations and Orders: Preparing for Negotiation & Litigation
Click the following link to listen to a recording of the webcast:  MSHA Citations and Orders Preparing to negotiate or litigate MSHA citations and orders is an increasingly tedious task.  Jonathan Ellis and Peter Raupp will discuss the litigation process for MSHA citations and orders, including tips on what you can do at the time of the MSHA inspection to prepare for the eventual negotiation and/or possible litigation of any citations and orders issued. Topics discussed: The litigation and negotiation process for MSHA citations and orders Tips on documenting to assist in defending against citations and orders Issues related to spoliation of evidence Recent FMSHRC decisions
Webinar January 2013 - Webcast Presentation - Recap of 2012 Mine Safety Developments and Forecast for 2013
To watch and listen to a recording of this webcast, CLICK HERE.January 2013- Energy Keynote Webcast Recap fo 2012 Mine Safety Developments and Forecast for 2013 2012 brought many changes to the mining industry including regulatory enactments, such as the revised underground mine examination rule, and the anticipated pattern of violations rule.  These regulatory enactments along with MSHA’s “backlog” program and civil penalty parameters for administrative law judges will be discussed in this lead-off energy webcast for 2013.  Jeff Phillips and Jonathan Ellis will provide a recap of 2012 developments and discuss what 2013 holds for MSHA and the mining industry. In this webcast, Jeff Phillips and Jonathan Ellis will discuss:
Webinar January 2013 - Webcast Slides - Recap of 2012 Mine Safety Developments and Forecast for 2013
2012 brought many changes to the mining industry including regulatory enactments, such as the revised underground mine examination rule, and the anticipated pattern of violations rule.  These regulatory enactments along with MSHA’s “backlog” program and civil penalty parameters for administrative law judges will be discussed in this lead-off energy webcast for 2013.  Jeff Phillips and Jonathan Ellis will provide a recap of 2012 developments and discuss what 2013 holds for MSHA and the mining industry.In this webcast, Jeff Phillips and Jonathan Ellis will discuss:Developments in the mining industry in 2012Legal decision regarding document production and flagrant violationsCriminal ramifications in light of the UBB accidentIndustry forecast for 2013
Webinar November 2011 - Webcast Slides - MSHA Citation Defense - An Operator's Guide
MSHA Citation Defense - An Operator's GuideUnderstanding and handling MSHA citations and petitions can be a tedious task. Steptoe & Johnson attorneys have excellent insight into MSHA and how to handle citations and will share some of this knowledge with you this month. This webcast will address the litigation process of MSHA citations and petitions, how the negotiation process works with a Department of Labor attorney, and will give you tips as to what you can do at the time of inspections/citations to help your attorneys defend you. Discussion included: The litigation process of MSHA citations and petitions Update on the backlog project Demonstration of the negotiation process Your defense: what you can do to help    
Video Mining or MSHA Litigation - Who Should Be Interviewed?
VIDEO TRANSCRIPTI’m Jeff Phillips of Steptoe & Johnson and I work in our Lexington, KY office. Today we’re going to talk about obtaining statements and those are statements from witnesses particularly in the coal mining industry. First consideration, and we’ll talk about four considerations, first consideration should be does the circumstance warrant that a statement actually be obtained, and that’s something as a coal operator you need to weigh. Is there significant enough risk that a witness ought to be identified and interviewed because of potential MSHA implications or other implications?

Representative Experience

  • Represented coal companies before the Federal Mine Safety & Health Review Commission regarding "flagrant violations," "imminent danger" orders, and forced production of company records
  • Involved in collaborative strategy sessions concerning "pattern of violations" issues
  • Defended coal operators in numerous Section 105 proceedings
  • Presented at many industry associations' legal training meetings and seminars
  • Assisted mining companies in investigations of discrimination complaints
  • Defended coal companies in wrongful discharge cases
  • Represented a major coal operator in a dispute with MSHA concerning MSHA's search and inspection of employee's vehicle on mine property
  • Represented coal companies in federal MSHA enforcement cases

  • Represented coal mine operators in contest of "flagrant" violations totaling more than $1.5 million in penalties

  • Defended coal mine employees in decertification proceedings before the West Virginia Coal Mine Safety Board of Appeals

  • Defended mine operators and mine supervisors in Section 110(c) actions instituted by MSHA

  • 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 companies charged with more than $1,000,000 in MSHA fines

Susan S. Brewer

"We believe that trusting relationships are essential to achieving client goals, but don't take my word for it, ask one of our clients.

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Leaders in our Field

22 of us are ranked as “Leaders in their Field” by Chambers USA.

Face-to-Face Client Interviews

25+ face-to-face client interviews are conducted every year by our CEO and firm management to learn how we can do better (so please give us an earful).

14 Offices Throughout the U.S.

14 offices throughout Colorado, Kentucky, Ohio, Pennsylvania, Texas and West Virginia.

10.5 Years

equals the average tenure of our client relationship. We'd like to be in it for the long haul with you too.

Leaders in our Field

Steptoe & Johnson was the first firm to successfully secure regulatory approval for a multi-lateral Utica shale well.

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Ours is a client-of-the-firm culture, service model and compensation system that matches the best talent to the assignment and puts your economic interest ahead of ours.

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