MSHA Abatement – What Does This Mean for Operators?








October 22nd, 2019


1:30 pm - 2:30 pm 


Nevada 7


Company: Dinsmore & Shohl LLP

Title: Partner

Jason Nutzman is a Partner and member of the Labor & Employment Department and Workplace Safety Practice Group. Jason represents both coal and metal/non-metal clients before the Federal Mine Safety and Health Review Commission in accident investigations, special investigations, and discrimination investigations conducted by the Department of Labor with respect to the Mine Safety and Health Act.

jason nutzman


Section 104(a) of the Federal Mine Safety and Health Act requires MSHA to fix a reasonable time for abatement of the enforcement action issued. The term abatement is not defined in the Mine Act but isgenerally understood in the mining industry to mean “correction” of the violative condition. But what does this really mean? What can MSHA actually require? This presentation will discuss operator rights and responsibilities when it comes to abating an enforcement action.