West Virginia Mine Disaster and MSHA/OSHA
As widely reported, at least 25 miners have died in a West Virginia mine explosion. The Mine Safety and Health Administraton (similar to the Occupational Safety and Health Administration, except it has jurdisdiction over mining safety and accidents) has already started an investigation of this tragedy. Most employers are regulated by OSHA when it comes to matters of safety and health.
What’s an employer’s initial duty when something like the West Virginia disaster happens? When there is (1) a workplace death or (2) a serious injury or illness (three or more employees hospitalized), an employer must report the event to OSHA within eight hours. When this reporting requirement is triggered, don’t wait eight hours. An employer should report the death or serious injury/illness to OSHA as soon as possible. OSHA is likely to find out about it quickly anyway. Better to find out directly from the employer. Call a local OSHA office or 1-800-321-OSHA (6742).
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Kevin Stricklin, Federal mine safety official released a statement early Tuesday saying, rescue workers had held operations temporarily because of eminent concentrations of life-threatening gases. They’ll be after to drill boreholes in the field as vents so the rescue workers can take up their search,” according to Update.