MSHA Likely to Target Metal/Non-Metal Mines for Increased Enforcement

The Metal/Non-metal mining industry has recently experienced what MSHA is calling a dramatic spike in mining-related deaths.  Specifically, there were 9 mining deaths in Metal/Non-metal sector in the fourth quarter of 2013 and 9 more since the beginning of this year.  

Assistant Secretary of Labor for MSHA, Joseph Main, recently addressed this spike in fatalities in the Metal/Non-metal sector at the recent Special Institute on Mine Safety and Health Law sponsored by the Eastern Mineral Law Foundation and the Department of Labor. Assistant Secretary Main indicated that MSHA would utilize all tools at its disposal to reverse this trend, including increased enforcement.  MSHA also recently distributed a news release that echoed Assistant Secretary Main's comments:

"The recent news on the rise in mining fatalities is disturbing," said Joseph A. Main, assistant secretary of labor for mine safety and health. "We plan to engage all of our tools: enforcement, education and training, and technical support, to respond to this trend."

MSHA also announced that it would convene a stakeholder meeting on May 5, 2014 at its headquarters in Arlington, Virginia to discuss the recent increase in fatalities and the actions needed to reverse the trend.  

Based upon the recent comments coming from MSHA, mining operations in the Metal/Non-metal sector can expect the Agency's enforcement efforts to be stepped up considerably, including an increase in impact inspections.  Metal/Non-metal operations with questionable or poor compliance histories and/or high rates of injury are particularly susceptible to being targeted by MSHA. 

OSHA to Target Communication Tower Industry in Wake of Rise in Fatalities

More communication tower workers were killed on the job in 2013 than in the previous two years combined.  Thirteen communication tower workers were killed in 2013, compared to 6 fatalities in 2011 and 2 fatalities in 2012.

In addition to the rise in fatalities in 2013, four more tower-related deaths have occurred in 2014.  Three of those deaths occurred in Clarksburg, West Virginia when two towers collapsed as workers were making structural repairs.  One of the towers, standing 300 feet tall, collapsed as workers were removing bracing in the course of reinforcing the legs of the tower, killing two of the workers.  The collapse of the first tower put stress on the guy wire of a second tower, which also collapsed and killed a firefighter responding to the scene.

The increased fatalities in 2013 and the rash of fatalities early in 2014 has caught the attention of the Occupational Safety and Health Administration ("OSHA").  The agency recently announced that it will be increasing its enforcement efforts in the communication tower industry.  Accordingly, firms who construct and/or maintain communication towers should review their safety policies and ensure that their operations are in strict compliance with all applicable OSHA regulations.  Such firms should also be prepared for increased scrutiny, including increased inspections and more severe penalties for violations.