Following workplace safety inspections of this facility, MSHA issued several notices of violation to Maxxim: (a) the absence of a written hazardous chemicals communication plan; (b) a dirty bathroom; (c) an accumulation of oil, fuel and dust on a Caterpillar 988 loader; and (d) citations in connection with a heater andboiler at the facility. Each citation referenced a pertinent MSHA rule which Maxxim challenged before an Administrative Law Judge, who ruled that the shop was “a coal or other mine” under the Section 802(h) of theFederal Mine Safety and Health Act, 30 U.S.C. §§ 801 et seq. (the Act). The Commissioner later upheld this ruling.

By Aaron F. MandelThe Black Lung Benefits Act (“BLBA”), 30 U.S.C. §§ 801-962, requires coal mine operators to pay compensation benefits, medical benefits, and other benefits to miners suffering disabling occupational lung diseases. In fulfilling their statutory duties to provide these benefits, operators must either self-insure or obtain insurance from a person or company authorized to insure workers’ compensation.

l leave laws; (4) where an employer purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; (5) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if– (A) the employer provides written notice of the genetic monitoring to the employee; (B)(i) the employee provides prior, knowing, voluntary, and written authorization; or (ii) the genetic monitoring is required by Federal or State law; (C) the employee is informed of individual monitoring results; (D) the monitoring is in compliance with– (i) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or (ii) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); and (E) the employer, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific employees; or (6) where the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer’s employees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. (c) Preservation of Protections- In the case of info