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Preparing for MSHA Serious Incident and Fatality Investigations
While mine operators and mining contractors are likely used to MSHA conducting on-site safety and health inspections, when a serious incident occurs, the MSHA investigation takes a different approach. Seasoned mine operations are often caught off-guard by the depth of the investigation after a serious incident and are at times taken aback by the tone of the investigation – usually conducted by unfamiliar MSHA personnel from other areas in the district and management and non-management employee interviews will be central to the investigation. MSHA is also likely to issue a 103(K) Order, essentially shutting down the area or equipment subject to the incident, and the Order can stay in place for months, leaving the operator in a loss position.

This webinar will review MSHA’s approach to a serious incident or fatal incident investigations. Participants will learn strategies to manage MSHA’s investigation for the company while conducting the operator’s investigation into the incident. The webinar will also cover miner and mine management rights throughout MSHA’s investigation.

Participants in this webinar will learn the following:

• The process of reporting an accident to MSHA
• The strategy employed by MSHA accident investigators
• Miner and Mine Management rights concerning interviews
• Overview and best practices for working through MSHA shutdown orders and enforcement

Apr 18, 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.