Latest FMSHRC News

On April 5, 2022, the Commission issued its decision in KC Transport, Inc., Docket No. WEVA 2019-0458.

On February 10, 2022, the Commission issued its decision in Consol Pennsylvania Coal Company, Docket No. PENN 2019-0008.   

Timothy (T.J.) Baker is currently the Associate General Counsel of the United Mine Workers of America and has been with the Union since 2018.  From 2012 to 2018, he worked for the Federal Mine Safety and Health Review Commission, first as an attorney-advisor in the Office of Administrative Law Judges in Pittsburgh and then as an attorney-advisor in the Office of the Commissioners in Washington, D.C.  He is a graduate of the University of Pittsburgh and Washington and Lee University School of Law.  At Washington and Lee, he participated in the third-year Black Lung Clinic, seeking to obtain benefits for miners afflicted with occupational lung disease.  Baker is the son of a coal miner.  He lives in Fredericksburg, Virginia with his wife Laura and their children, Lydia and Jon.

Leslie C. Bayless of Star Tannery, Virginia was sworn in Tuesday, November 2^nd as the new Chief Operating Officer of the Federal Mine Safety and Health Review Commission. Immediately prior to this position, Leslie served as an Assistant Director in the Office of Enforcement Analysis at the Department of Commerce, Bureau of Industry and Security.

 The Federal Mine Safety and Health Review Commission is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977.

On September 22, 2021, the President nominated Mary Lu Jordan to serve as Commissioner of the Federal Mine Safety and Health Review Commission. 

Mary Jordan was appointed as a Commissioner on the Federal Mine Safety and Health Review Commission in 1994 and has served in that capacity almost continuously since then.  She has served as Chair of the Commission from 1994 to 2001, from 2009 to 2014, and from 2015 to 2017.  Her most recent term as Commissioner ended on August 30, 2020 and since then she has served as Senior Attorney-Advisor at the Commission.

Ms. Jordan was employed as Senior Staff Attorney at the United Mine Workers of America from 1977 to 1994.  She is a graduate of Saint Bonaventure University and Antioch Law School and is a member of the New York and D.C. Bar.

Chair Arthur R. Traynor, III applauds the announcement of the nomination, stating “Mary Lu Jordan has been a role model for me ever since I handled my first safety case for the United Mine Workers of America.  And she has been my friend since I arrived at the Commission.  I am delighted by the news President Biden has asked her to come back for another term in service to our nation’s miners.”

The Commission is proposing revisions to its rules implementing the Freedom of Information Act (FOIA) in light of the FOIA Improvement Act of 2016, its experience under the rules, the need to update its fee schedule, and the need to update and clarify a number of its FOIA procedures. These proposed changes ensure rapid and effective procedures for requesting information and processing requests under the FOIA.

Proposed FOIA Rules

     Until January 3, 2022, most case issuances of the Federal Mine Safety and Health Review Commission (FMSHRC), including inter alia notices, decisions, and orders, will be sent only through electronic mail. Further, FMSHRC will not be monitoring incoming physical mail or facsimile described in 29 CFR 2700.5(c)(2).  If possible, all filings should be e-filed as described in 29 CFR 2700.5(c)(1).

Glynn F. Voisin, Chief Administrative Law Judge:

NOTICE:  Due to changing circumstances regarding the novel coronavirus COVID-19 and the new delta variant, the following order is issued. This order supplements the July 30, 2021 order resuming in-person hearings.                 

In view of recently updated guidance from the CDC highlighting the risks presented by the novel coronavirus COVID-19 and especially its rapidly spreading delta variant, the Federal Mine Safety and Health Review Commission, Office of the Chief Administrative Law Judge (OCALJ) is, effective immediately, strongly discouraging the scheduling of in-person hearings, settlement judge conferences and mediations until December 31, 2021. At the discretion of the presiding Administrative Law Judge and in coordination with the parties, such proceedings may be held by videoconference or by telephone.

In the event a Judge determines in-person proceedings are necessary for all or part of a hearing, settlement conference or mediation, he or she will seek authorization of the undersigned Chief Administrative Law Judge prior to scheduling any such proceeding. Such authorization should only be sought where absolutely necessary and is unlikely to be granted absent an extraordinarily compelling need and strict protocols ensuring the safety of all in attendance. No party, representative or witness shall be compelled to attend an in-person hearing or conference during the pendency of this order.

If you have any questions with regard to the notice, please contact the presiding Administrative Law Judge.

SO ORDERED.