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MSHA Special Investigation Management: Handling §105(c) and §110 Investigations
Presented by Nick Scala

In any given year MSHA inspections are common and required. Depending on the operation, MSHA will be on-site at least two times per year for a surface mine, and at least 4 times per year at an underground operation. But what happens when MSHA’s presence on site is more targeted, whether to investigate complaints of discrimination or interference with a miner’s rights under the Mine Act, or to look into the alleged personal culpability of a member of mine management? In these circumstances, the individual managers who typically act as the operator’s representative can be caught off guard and even be the target of the investigations This presentation will explore the framework of these investigation, and strategies for managing the investigation while also protecting the rights and defenses of individuals and the company.

Participants in this webinar will learn the following:

• What are §105 or §110 investigation and how are they initiated
• How to manage a special investigation as a mine operator or independent contractor
• What types of actions are protected by §105
• Best practices and strategies for defending against special investigations

May 26, 2021 01:00 PM in Eastern Time (US and Canada)

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Speakers

Nicholas W. Scala
Partner and Chair, MSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Nick Scala is a 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.