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Managing MSHA Complaint Investigations and 105(c) Complaints
MSHA’s authority does not end at regular safety and health inspections, or with serious incident investigations. It is unquestioned that miners have the right to file complaints with MSHA, but what some operators may not know is that MSHA is required to conduct an investigation into miner complaints promptly. This includes safety and health complaints, and it also includes complaints of discrimination under §105(c) of the Mine Act. Whistleblower/discrimination protections have been emphasized by the Biden Administration and its Department of Labor, and that includes MSHA. Additionally, MSHA offers miners the opportunity to be temporarily reinstated during the investigation or pendency of the legal matter in some instances. Operators unfamiliar with this process may unknowingly waste vital moments, which have the potential to be very damaging in this process.

This webinar will review MSHA’s obligations to investigate complaints of safety and health concerns, as well as complaints of discrimination by miners. Participants will learn the timelines for the investigations and best practices for defending against such complaints.

Participants in this webinar will learn the following:

• How MSHA responds to and investigates safety and health complaints
• The scope of 105(c) investigations and the investigation process
• How temporary reinstatement is invoked and the process for implementation
• Best practices and strategies for defending against complaint investigations

Sep 12, 2023 01:00 PM in Eastern Time (US and Canada)

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Nick Scala
Chair, MSHA • Workplace Safety Practice Group, Conn Maciel Carey LLP
Nick Scala is Chair of the national MSHA • Workplace Safety Practice at Conn Maciel Carey. He focuses his practice on issues involving mining safety and health law, representing mining companies, on both the surface and underground, independent contractors and cement manufacturers. Mr. Scala represents and advises clients in all phases of involvement with the Mine Safety and Health Administration (MSHA), particularly guiding companies through MSHA investigations and challenging enforcement and jurisdiction by the agency. Prior to representing the mining industry, he worked as a miner and he is a Certified Mine Safety Professional through the International Society of Mine Safety Professionals.