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ARTICLE · 10 JULY 2023

Determining When MSHA Is Inspecting Or Investigating

Ogletree, Deakins, Nash, Smoak & Stewart
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Mine operators are accustomed to the Mine Safety and Health Administration (MSHA) regularly being on-site for inspections, but the agency can also conduct enforcement activity in other ways.

United StatesEmployment and HR
William K. Doran
William K. Doran
Margaret Lopez
Margaret Lopez
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Mine operators are accustomed to the Mine Safety and Health Administration (MSHA) regularly being on-site for inspections, but the agency can also conduct enforcement activity in other ways.

Quick Hits

  • MSHA can conduct enforcement via inspection or investigation.
  • Operators have different rights under inspections and investigations, and MSHA's authority is not the same under either type of enforcement action.
  • An investigation may result in enforcement action against a company, or, in the case of a special investigation, against a supervisor or manager.

In some cases, operators do not realize until well into a process that what MSHA is actually doing is conducting an investigation.

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