The paragraph below was taken from the June 2011 Sharpe’s Point lead article titled “THREE NEW REGS, ETS COMING IN AUGUST FROM MSHA”. It is to alert The Industry of MSHA’s desire and intent to overturn the S&S Case Law decided on April 7, 1981. This precedent was set on that date by the FMSHRC in MSHA v. National Gypsum Company. The M/N Industry is reminded that the time “to sit on our hands and hope it goes away” has passed. It is now time for the Industry to protect its businesses and jobs.
Regarding enforcement issues in the plan, MSHA said part of its legal strategy for this fiscal year is to seek to advance interpretations of the Mine Act by the Federal Mine Safety and Health Review Commission and the courts to improve miner safety and "reverse bad precedent." One such effort would be to try and change the legal interpretation of significant and substantial (S&S), which MSHA said "is complicated and unnecessarily narrow."