Division of Mine Safety and Health

The Solicitor's Division of Mine Safety and Health (MSH) advises the United States Department of Labor's Assistant Secretary for Mine Safety and Health and the Mine Safety and Health Administration (MSHA) in connection with the development and enforcement of safety and health standards under the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006 (Mine Act). The purpose of the Mine Act is to protect the safety and health of the Nation's miners. The Mine Act requires the Secretary of Labor or his or her representative to conduct periodic, unannounced safety and health inspections of the Nation's mines. The Mine Act also provides significant rights to miners to participate in ensuring safe and healthful mines. The Secretary has authority to compel immediate compliance with the Act and safety and health standards through the use of citations, orders, civil penalties, and other sanctions. Attorneys in the Division work in three practice areas: (1) standards and legal advice, (2) trial litigation, and (3) appellate litigation.

Accomplishments

(1) Standards and legal advice

Provided extensive legal advice and drafting assistance in MSHA's rulemakings, such as:

• Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines, a rule that strengthens safety protections for miners working near continuous mining machines in underground coal mines by reducing the potential for pinning, crushing, and striking accidents through the use of new technology similar to parking assistance help on your family automobile
• Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors, a rule over 20 years in the making, that will help to reduce and ultimately eliminate the disabling occupational "black lung" disease found in coal miners
• Pattern of Violations, a rule that simplifies the criteria and procedures that MSHA uses to identify mines that show a disregard for the safety and health of miners by allowing repeated and serious safety and health violations

(2) Trial litigation

• Worked with regional office attorneys in Los Angeles, CA to obtain injunctive relief against a mine operator in order to reinstate a miner fired for exercising rights under the Mine Act (C.R. Meyer and Sons)
• Won a federal district court case against a mine operator for $2.3 million in delinquent civil penalties (D&C Mining)
• Worked with regional office attorneys in Dallas, TX in a case before an administrative law judge involving miners locked-out by their employer to exercise their rights to walk around with MSHA inspectors; the administrative law judge ruled in MSHA's favor (Sherwin Alumina v. Sec'y of Labor opinion)
• Developed a joint national and regional office task force to litigate the first pattern of violations case before an administrative law judge (Brody Mining)

(3) Appellate litigation

• Persuaded the 11th Circuit Court of Appeals to uphold MSHA's respirable coal mine dust rule ("Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors") to help reduce "black lung" disease (National Min. Ass'n v. Sec'y of Labor opinion)
• Won an interesting case concerning the meaning of the term "fire" in the D.C. Circuit Court of Appeals, where the court followed MSHA"s interpretation and did not limit the word "fire" to visible flame only (American Coal v. Federal Mine Safety and Health Review Comm'n opinion)
• Persuaded the D.C. Circuit Court of Appeals that an MSHA district manager's review of underground coal mine plans should be viewed deferentially (Prairie State Generating v. Sec'y of Labor opinion)
• Successfully convinced the 11th Circuit Court of Appeals to uphold MSHA's imposition of personal liability on agents of limited liability companies (LLCs) (Sumpter v. Sec'y of Labor opinion, brief)

What We Do

The Division's attorneys represent the Secretary and MSHA in the courtroom before administrative law judges and in appellate courts. The Division's attorneys also prepare standards and regulations, interpretations, and opinions pertaining to the Mine Act. In addition, the Division's attorneys review potential criminal cases against mine operators and agents for submission to the United States Department of Justice or the United States Attorney and assist in prosecutions as appropriate.

The Division's attorneys:

• In coordination with MSHA personnel, participate in the rulemaking process by drafting and editing new and revised standards and regulations to assure compliance with the Mine Act and the Administrative Procedure Act, such as MSHA's new rule on respirable coal mine dust to stop the scourge of "black lung" disease.
• Go to trial in cases that involve policy issues or other issues of nationwide significance before administrative law judges and federal courts, including:
  • Federal Mine Safety and Health Review Commission's Office of Administrative Law Judges
  • United States Department of Labor's Office of Administrative Law Judges
  • United States District Courts
• Argue on appeal in cases that arise from MSHA's rulemaking or enforcement actions before appellate courts, including:
  • United States Courts of Appeals
  • Federal Mine Safety and Health Review Commission
• Review and analyze case files, evaluate evidence, conduct discovery, prepare witnesses, and examine and cross-examine witnesses and present documentary evidence at trial
• File appellate briefs and present oral arguments in cases on appeal

Division attorneys may be assigned to one practice area (standards and legal advice, trial litigation, or appellate litigation) or may be assigned to multiple practice areas as needed.

DOL Agency Supported

• Mine Safety & Health Administration (MSHA)

Contact Information

201 12th St S
Suite 401
Arlington, VA 22202-5414

202-693-9333
202-693-9392 (fax)

Associate Solicitor
April Nelson

Deputy Associate Solicitor
Thomas A. Paige

Counsel for Appellate Litigation
Emily Scott

Counsel for Standards and Legal Advice
Brad J. Mantel

Counsel for Trial Litigation
Jason Grover

Management and Program Analyst
M. Jeannie Tideman

Published Legal Briefs