COVID-19: Event Cancellations and Updates

Does MSHA Need a General Duty Clause?

Presented by Adele Abrams: COVID-19 has drawn into sharp focus one distinction between OSHA and MSHA: OSHA has the "gap filler" power under its statutory "General Duty Clause" to address "recognized hazards" that could cause death or serious injury to workers, even if there is no codified standard that addresses the situation. OSHA historically has used its GDC to address issues including heat stress, workplace violence, ergonomic hazards, chemical exposures that are not regulated, and now COVID-19.  MSHA lacks this statutory authority currently, which limits the responsive enforcement tools to address these unique hazards. Legislation introduced in the past would amend the Mine Act to add a General Duty Clause enforceable by MSHA. Could this become law in 2021 if there is a "blue wave"? This session will discuss this provocative topic from both the mine operator and miner perspective, as well as prospects for legislative action.
Adele is an attorney, safety professional and trainer who is president of the Law Office of Adele L. Abrams P.C. in Beltsville, MD, Charleston, WV, and Denver, CO, a multi-attorney firm focusing on safety, health and employment law nationwide. Adele is a Certified Mine Safety Professional and she also provides consultation, safety audits and training services to MSHA and OSHA regulated companies.
Meeting Details
Live Webcast
10/29/2020 10:00:00 AM
10/29/2020 11:00:00 AM
12999 E. Adam Aircraft Circle
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