About the Webinar

Email dawn@emlf.org to inquire about CLE accredited jurisdictions before viewing.

Who can view: Everyone

Webinar Price: $75

Free for members with Discount Code MEMBER

This Course Has 6 Sections

Federal Mine Safety and Health Review Commission Update and Significant Decisions

Commission Chairman Rajkovich will address developments at the Commission and significant decisions issued in the last year.

Plan Dispute Litigation after Knight Hawk

The issue of the standard of review for MSHA plan decisions has been hotly contested in the last few years. In July, the Commission issued a decision upholding an ALJ denial of District’s effort to revoke a perimeter mining plan. This panel will discuss the standard for review of a plan revocation or denial by the Review Commission and its ALJs and the potential outcome of the review of the Commission’s decision by the United States Court of Appeals for the District of Columbia Circuit.

Negligence Determinations and Settlement Approvals

This presentation will look at the way negligence should be determined, especially with citations issued to operators for contractor violations. It will also discuss the review and approval of settlements at the ALJ level.

Drugs in the Workplace: Impact of Opioids and Loss of Certifications for Drug Use

Drug abuse continues to be an epidemic in Appalachia and this panel will discuss the impact of drug use in the mining environment, use of suboxone, and state efforts to revoke miner certifications for those that fail drug tests.

Update on Criminal Enforcement Under the Mine Act

Criminal prosecution remains the ultimate enforcement mechanism under the Mine Act. This presentation will discuss recent enforcement trends and pending cases.

Update on 105(c) Discrimination Cases and Potential COVID-19 Related Charges

This panel will cover developments in 105(c) discrimination cases, including COVID-19 charges and developments in temporary reinstatement.

Presenters are:

• Marco Rajkovich, Chairman of the Federal Mine Safety and Health Review Commission
• Adele Abram, President of Adele L. Abrams, PC
• Ed Hartman, Senior Trial Attorney with the Regional Solicitor’s Office in Chicago
• Dan Wolff, Partner, Crowell & Moring
• Jason Grover, Counsel for Trial Litigation for the Mine Safety and Health Division of the Solicitor’s Office, U.S. Department of Labor
• Hank Moore, Partner, Fisher Phillips
• Billy Shelton, Founding Partner, Branham & Halbert, PLLC
• Dennise Smith, Counsel, Spilman Thomas & Battle
• Eric Waller, Vice President & Deputy General Counsel – Governance, Securities, Corporate, & Finance, Peabody
• John M. Williams, Partner, Williams Kilpatrick, PLLC
• Danny Cook, Administrator, West Virginia Office of Miner’s Health, Safety and Training