Legal Representation before the FMSHRC, MSHA, and DOL/SOL

My nationwide niche practice focuses on representing metal/nonmetal and coal mine operators (including surface and underground operations) in litigation before the Federal Mine Safety and Health Review Commission.

This particularly includes contesting enforcement actions such as citations and orders, as well as the abatement time required to comply. If warranted, I also represent clients for appeals of Administrative Law Judge decisions to the full 5-member Federal Mine Safety and Health Review Commission.

I also represent and prepare clients for MSHA District Manager conferences and meetings with Conference Litigation Representatives (CLRs). After the issuance of MSHA enforcement actions the potential exists for District Manager conferences, or meetings with Conference Litigation Representatives, to present arguments regarding the citations and orders issued by an Authorized Representative (MSHA Inspector). Because of the structure of the MINE Act this non-judicial meeting can be tantamount to informal adjudication. Therefore, legal preparation and advocacy is critical to advancing clients’ interests, as well as avoiding formal litigation.

Similarly, before a formal hearing is held before an Administrative Law Judge, opportunities for pre-trial settlement negotiation exist with the Office of the Solicitor of the US Department of Labor. As with any other industry, mine operators have a limit to how much time and money they can afford to spend defending such cases before litigation becomes prohibitively expensive. Therefore, I advise clients on the best overall strategy taking into consideration the size of the operation, magnitude of the enforcement action, and the operator’s overall safety record.

My services also include assisting with plan approval (roof, ground, ventilation, etc.), as well as MSHA Special Investigations (Section 110) and MSHA Accident Investigations (Part 50).

Legal Representation before the FMSHRC, MSHA, and DOL/SOL February 2, 2015

Contact Us

Jeffrey J Ladik, Esq.Ladik Law, LLC
jeff@ladiklaw.com
P: 410-472-5676
F: 410-472-5709
1125 West Street, Suite 200
Annapolis, MD 21401


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