The Federal Mine Safety and Health Review Commission (FMSHRC) is committed to a high standard for protecting the health and safety of its workforce during the Coronavirus 2019 (COVID-19) pandemic while continuing the agency’s mission. The guidance and information in this work safety plan supersedes the information in previously published FMSHRC guidance on COVID-19, specifically Opening Up America Again, OMB memo M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again and the July 28, 2020 Covid-19 Return to the Federal Workplace Agency Plan. Additional and supplemental implementation guidance will be provided and considered as necessary. This plan reflects new information and guidance about social or physical distancing, handwashing, face coverings, cleaning, disinfecting, and several other ways to maintain a safe and healthy work environment in all federal workplaces. It will remain in effect throughout the agency’s transition to a return to post-pandemic operations. It will be periodically reviewed and may be updated as necessary to remain current with changing public health conditions and additional guidance from the President’s Safer Federal Workforce Task Force Office, including the Office of Management and Budget (OMB) and the Centers for Disease Control (CDC).
On April 23, 2021, the Commission issued a decision in Secretary of Labor on behalf of Roger Cook v. Rockwell Mining, LLC, Docket No. WEVA 2021-0203.
Glynn F. Voisin, Chief Administrative Law Judge:
In view of the risks presented by the novel coronavirus COVID-19, the Federal Mine Safety and Health Review Commission, Office of the Chief Administrative Law Judge (OCALJ) is, effective immediately, suspending all in-person hearings, settlement judge conferences and mediations until August 31, 2021.
At the discretion of the presiding administrative law judge and in coordination with the parties, hearings may proceed by videoconference or by telephone. Similarly, settlement judge conferences and mediations may be held by videoconference or by telephone. If the parties agree that an evidentiary hearing is not needed, cases may also be presented for a decision on the record.
The parties will be notified if the hearing needs to be rescheduled. OCALJ will reassess the risks presented by in-person hearings prior to August 31, 2021, and issue a subsequent order informing the public as to whether the suspension of in-person hearings will continue.
If you have any questions with regard to the notice, please contact the presiding administrative law judge.
SO ORDERED.
On April 19, 2021 the Commission issued a decision in Consol Pennsylvania Coal Company, LLC, Docket No. PENN 2018-0169.
John Sullivan has served as an Attorney-Advisor at the Commission since 1996. He has provided counsel to five Commission chairs and has represented the Commission before the Courts of Appeals.
Michael Young has served the Commission since 2003 in the capacities of Commissioner and as an Attorney-Advisor. He has twice led the Commission as Acting-Chair.
On January 21, 2021, the Commission issued its decision in Northshore Mining Company, Docket No. LAKE 2017-0248 et al.
In view of the risks presented by the novel coronavirus COVID-19, the Commission’s Office of the Chief Administrative Law Judge (“OCALJ”) is, effective December 9, 2020, suspending all in-person hearings, settlement judge conferences, and mediations until May 31, 2021.
At the discretion of the presiding administrative law judge and in coordination with the parties, hearings may proceed by videoconference or by telephone. Similarly, settlement judge conferences and mediations may be held by videoconference or by telephone. If the parties agree that an evidentiary hearing is not needed, cases may also be presented for a decision on the record.
The parties will be notified if the hearing needs to be rescheduled. OCALJ will reassess the risks presented by in-person hearings prior to May 31, 2021, and issue a subsequent order informing the public as to whether the suspension of in-person hearings will continue.
The presiding administrative law judge may be contacted with questions regarding this notice.
On a temporary basis, the Federal Mine Safety and Health Review Commission will be sending most issuances through electronic mail and will not be monitoring incoming physical mail or facsimile transmissions.
Michael J. Chirico of Huntington, West Virginia was sworn in Monday, November 9th as the new Government Liaison and Policy Advisor of the Federal Mine Safety and Health Review Commission. Immediately prior to this position, Michael served as Deputy Chief of Staff and Counsel to Congresswoman Carol D. Miller (WV-3). Prior to that, he was Chief of Staff to Congressman Evan H. Jenkins (WV-3).