Agenda

Wednesday, September 18, 2024

7:30 a.m.

Registration Check-In Opens

8:30 a.m. – 8:45 a.m.

Conference Welcome

8:45 a.m. – 9:15 a.m.

Update from Assistant Secretary of Labor

The Assistant Secretary for Mine Safety and Health of the Department of Labor will join the agenda to provide an update on policy priorities of the Mine Safety and Health Administration.

Christopher Williamson Assistant Secretary, US Department of Labor

9:15 a.m. – 9:45 a.m.

Update from Solicitor’s Office

The Deputy Solicitor for Regional Enforcement will join the agenda to provide an update of behalf of the Office of the Solicitor charged with MSHA and OSHA enforcement actions.

Stanley Keen, Deputy Solicitor for Regional Enforcement, US Department of Labor

9:45 a.m. – 10:00 a.m.

Break

10:00 a.m. – 10:45 a.m.

Update from the Mine Safety and Health Review Commission

Representatives of the Federal Mine Safety and Health Review Commission will provide an overview of recent decisions, pending cases, appointments, and other priorities of FMSHRC.

10:45 a.m. – 11:30 p.m.

Judges Panel: Best Practices for Administrative Hearings

Administrative Law Judges provide insights into how to best prepare and practices cases in front of administrative agencies.

Pollyanna Hampton, Federal Mine Safety and Health Review Commission (Moderator)
Judge John Sullivan, Federal Mine Safety and Health Review Commission
Judge Michael Young, Federal Mine Safety and Health Review Commission

11:30 a.m. – 12:00 p.m.

Enforcement Statistics 

The Solicitor’s Office reprises its popular overview of the previous year’s enforcement statistics.

Bob Wilson, Office of the Solicitor, US Department of Labor

12:00 p.m. – 1:00 p.m.

Lunch Break

1:00 p.m. – 2:00 p.m.

Section 105(c) Discrimination Update

Unique in Mine Safety Law, Section 105 combines strong investigation powers for MSHA with the ability for the agency to obtain reinstatement for those who claim discrimination with full pay and benefits while the agency investigates whether the allegations are frivolous.  Our panel of experienced litigators will address recent case law at the  ALJ level, Commission and Courts of Appeal on the scope of temporary reinstatement hearings, when TR ends, as well decisions on the underlying discrimination charges, defenses,  and appellate review.

Mark Heath, Spilman Thomas & Battle (Moderator)
Tom Chibnall, Ogletree Deakins
Ryan Kooi, Office of the Solicitor, US Department of Labor
Chris Pence, Pence Law Firm

2:00 p.m. – 3:00 p.m.

Perspectives on Part 90 Issues and Developments

This panel will discuss Part 90 issues and compliance challenges with perspectives from the Solicitor’s Office, industry, and outside counsel.

Jonathan Ellis, Steptoe & Johnson, PLLC (Moderator)
R. Henry Moore, Fisher Phillips
Rebecca Mullins, Office of the Solicitor, US Department of Labor
Todd Myers, Blackhawk Mining

3:00 p.m. – 3:15 p.m.

Break

3:15 p.m. – 4:15 p.m.

The Surface Mobile Equipment Rule: Now that it’s out, what can we expect?

After years in the making, MSHA’s Surface Mobile Equipment Rule came out in December 2023 and enforcement began in July.  What can the regulated community expect from this rule moving forward? This panel will briefly review the Rule and discuss what legal issues may be presented by it from both the industry and government perspectives.  It will also include a discussion of current and future technology that we can expect to see in view of the Rule’s objectives.

Arthur Wolfson, Fisher Phillips (Moderator)
Zach Byers, Ogletree Deakins
Troy Gullett, Blackhawk Mining
Brad Mantel, Office of the Solicitor, US Department of Labor
Todd Myers, Blackhawk Mining

4:15 p.m. – 5:15 p.m.

MSHA Hot Topics

This panel will address hot topics in MSHA enforcement, both with regard to current enforcement trends and recent policy developments.  The panelists will be looking at issues of concern (or that should be of concern) to mine safety practitioners from different perspectives, sharing their insights and analyses as lawyers representing industry, labor, and the Mine Safety and Health Administration. 

Willa Perlmutter, Stoel Rives (Moderator)
Justin Chandler, Steptoe & Johnson, PLLC
Margo Lopez, Ogletree Deakins
Susannah Maltz, Office of the Solicitor, US Department of Labor

5:30 p.m. – 7:00 p.m.

Networking Event

Hamilton’s Bar and Grill- 233 2nd St. NW

Thursday, September 19, 2024

8:00 a.m.

Registration Area Opens

8:30 a.m. – 9:00 a.m.

Update from the Assistant Secretary, Occupational Safety and Health Administration

The Assistant Secretary for Office Safety and Health of the Department of Labor will join the agenda to provide an update on policy priorities of the Occupational Safety and Health Administration.

Doug Parker, Assistant Secretary, US Department of Labor

9:00 a.m. – 10:00 a.m.

OSHA Hot Topics

This session will focus on OSHA’s 2024 regulatory agenda and active rulemaking. We will discuss the expansion of “walkaround” rights during OSHA inspections and the status of OSHA’s proposed Heat Illness Standard, and any heat-related national emphasis programs. Heat illness has been a top OSHA priority throughout 2024. Join veteran workplace safety and health professionals to also hear our predictions on how the upcoming presidential elections will impact these rules.      

Robin Repass, Fisher Phillips (Moderator)
Anne Godoy, Office of the Solicitor, US Department of Labor
Mark Heath, Spilman Thomas & Battle
Hiliary Wilson, Barrick Gold of North America

10:00 a.m. – 10:15 a.m.

Break

10:15 a.m. – 11:15 a.m.

Mine operators are very familiar with the common inspection activities of MSHA. Frequently, those inspections can result in citations issued to the company that the mine can choose to contest. But when MSHA enforcement crosses over from the company to the individual agents of the operator, heightened attention is required to protect the rights of those individuals. This panel will discuss key considerations at every step of the 110(c) process from the initial notice of the investigation, the assessment of civil penalties against an individual, to the possibility of criminal charges in certain cases.

Tyler Fields, Ramaco Resources (Moderator)
Brad Oakley, Jackson Kelly
LaTasha Thomas, Office of the Solicitor, Department of Labor

11:15 a.m. – 12:15 p.m.

MSHA’s Final Silica Rule – Appealable Issues, Legal Outcomes, and Implementation at the Mines

After two and half decades from when Silica was first mentioned in a regulatory agenda as a health issue in mining, MSHA issued its final Silica rule on April 18, 2024.  The Silica rule was promptly challenged by multiple trade association coalitions and regardless the Circuit Court that hears the Petition for Review the likely issues are fodder for discussion.  By the time the conference is held, more should be known about the issues on appeal and the panel can act as the EMLF Circuit Court of Appeals Judges and make a ruling supporting their decision considering recent Supreme Court decisions affecting the administrative state.  Also, MSHA is creating frequently asked question documents and the advisory opinion of the EMLF Circuit Court Judges on the FAQs will assist practitioners in better understanding mine operators’ issues in the field and the implementation of the final Silica rule.

Michael Peelish, Steptoe & Johnson, PLLC (Moderator)
Brad Mantel, Office of the Solicitor, US Department of Labor
Todd Myers, Blackhawk Mining

12:15 p.m. – 2:00 p.m.

Lunch Break

2:00 p.m.

FMSHRC Oral Argument

The Federal Mine Safety and Health Review Commission has invited conference attendees to attend an oral argument in the matter of MSHA v. Geneva Rock Products, WEST 2022-0097.