On September 28, 2018, the Mine Safety and Health Administration
(MSHA) posted important updates to its enforcement guidance on the
new final rule on Examinations of Working Places in Metal and
Nonmetal Mines. The new workplace examination rule technically went
into effect on June 2, 2018, but MSHA delayed enforcement of the
rule until October 1, 2018.
Since the rulemaking began, MSHA has been providing mine
operators with information on how the rule may be applied in mine
inspections. The agency has been refining and adding to that
guidance over time. Recently, MSHA issued critical new updates to
its frequently asked questions (FAQ) on the
rule.
Agent of the Operator
The latest guidance includes an important clarification on
whether conducting a workplace examination will render someone an
agent of the company and therefore subject to potential individual
civil penalties under Section 110(c) of the Federal Mine Safety and
Health Act. This is significant because
