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Contesting MSHA Citations and Orders: Tips and Strategies to Protect Your Company’s History
Presented by Nick Scala

MSHA citations and orders can vary significantly in severity, penalty, and how they might impact your company, whether mine operators or independent contractors, moving forward. Contesting MSHA citations is a right that all operators have post issuance, whether that is done informally through MSHA’s 10-day conference program, or formally through the Federal Mine Safety and Health Commission. This presentation will discuss the different avenues for contesting MSHA citations/orders, what aspects of the citations to look at when deciding whether to contest or not, and strategies for best protecting your company’s MSHA enforcement history.

Participants in this webinar will learn the following:

• How to contest different types of MSHA citations and orders
• What aspects of MSHA citations and orders are most important to review when determining which to contest
• Tips and strategies for developing defenses for the contest process
• The impacts of citations and orders on mine operator and independent contractor enforcement history, and how that can negatively impact the company in the future

Oct 27, 2021 01:00 PM in Eastern Time (US and Canada)

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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.