Mining Safety

The Firm is experienced in the field of occupational safety, particularly in the area of mine safety. Attorney Jason Webb has represented numerous leading surface and underground coal and metal/non-metal mine operators in their dealings with the Federal Mine Safety and Health Administration (MSHA) and state safety agencies. Mr. Webb has handled all facets of litigation before the Federal Mine Safety and Review Commission, settling numerous cases with the U.S. Department of Labor, and trying cases before Administrative Law Judges. Mr. Webb’s experience extends beyond the defense of routine citations and extends to accident investigations, jurisdictional challenges, 110(c) and 111(c) proceedings, and 105(c) discriminations claims, as well as flagrant violations and Part 50 failure to report violations.

Past results include:

■ Following hearing before an ALJ, 104(d)(1) citation that was the basis of a 110(c) investigation reduced to a non-S&S and low negligence citation, with a reduction in penalty to $300.

■ Represented leading underground coal mine in case in which total penalty on multiple orders and citations was reduced from $274,500 to $16,500.
■ Led global settlement conference on behalf of large underground coal mine where the total assessed penalty was reduced from $265,081 to $86,164, a nearly 70 percent reduction; at which 11 citations were vacated; three 104(d)(2) orders were modified to 104(a) citations; and 46 S&S citations were modified to non-S&S.
■ Obtained discovery of federal mine inspector’s notes and interview notes relating to 110(c) investigation overcoming government objections of privilege and work product protection.
■ Awarded summary judgment by the Pennsylvania Environmental Hearing Board and affirmed on appeal to the Pennsylvania Commonwealth Court, in matter of first impression regarding the Pennsylvania Bituminous Coal Mine Safety Act respecting the Department of Environmental Protection’s enforcement practices.