Nicholas Scala

Conn Maciel Carey Opens Columbus, Ohio Office

Mikel Smith Koon Leave a comment

Conn Maciel Carey LLP announced today the opening of its Columbus, Ohio office. It is the firm’s sixth office nationally and the second location in the Midwest. The new office represents another important step in the firm’s continued growth in the region, together with the opening of its Chicago office last year.

Columbus is a growing Midwest hub and is centrally located to many of the nation’s current and historic industrial centers. With an expanded Midwest presence, Conn Maciel Carey attorneys now provide enhanced services to its national clients operating in the Midwest.

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“We are excited about our expanding Midwest presence” said the firm’s Managing Partner Bryan Carey. “The Columbus office will allow the firm to build upon the success of our 2018 launch of our Chicago office, offering clients operating in the central United States with greater proximity to our attorneys, resources, and counsel.”

Nicholas W. Scala, a partner with the firm, will lead the Columbus office. Mr. Scala joined the Firm in 2016, founding the firm’s MSHA Practice Group, which he chairs. His principal practice services the mining industry, managing all interaction with, and contest of enforcement by, the Mine Safety and Health Administration (MSHA) for companies operating in the coal, aggregates, industrial minerals, and cement industries.  Nick also supports the firm’s national OSHA Practice Group, Continue reading →

Breaking News: MSHA to Publish Final Rule for Workplace Exams in Metal and Nonmetal Mines

Eric J. Conn 3 Comments

By Nicholas W. Scala, Chair of Conn Maciel Carey’s national MSHA Practice

As a parting gift from Joe Main, the departing Assistant Secretary of Labor for the Mine Safety & Health Administration (MSHA), MSHA released this week the final rule for Examinations of Working Places in Metal and Nonmetal Mines. MSHA first proposed rebooting 30 C.F.R. §56/57.18002 on June 8, 2016. After an extended public comment period, ending on September 30, 2016, MSHA modified elements of the proposed rule while crafting the final version which will be formally published in the Federal Register next Monday, January 23, 2017.workplace-exam-rule

The effective date, when MSHA will begin enforcement of the new provisions within the final rule, is May 23, 2017 or 120 days following publication on January 23rd. Until the effective date, the existing provisions of §56/57.18002 will remain the standard for enforcement purposes.

Under the current standard mine operators must perform a workplace examination at least once per shift, maintain a record for twelve (12) months which must include the name of the examiner, locations of areas examined and the date.

The final rule, announced on January 18, 2017, will increase the responsibilities for mine operators to comply with the workplace exam standard. Effective May 23, 2017 operators must:

  1. Perform a workplace examination BEFORE any miners begin work in an area;
  2. Promptly notify miners of any adverse conditions in their working area before they are exposed to the adverse conditions;
  3. Maintain a record of the examination for twelve (12) months, which includes:
    • The name of the examiner
    • Date of the exam
    • Locations examine;
    • Descriptions of any and all adverse conditions found during examination (even if corrected immediately)
    • Date of corrective action
  4. Make records available to MSHA inspectors AND miner representatives, providing copies upon request.

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Announcing Conn Maciel Carey’s New “MSHA Defense Report” Blog

Eric J. Conn Leave a comment

Conn Maciel Carey is pleased to announce the launch of the The MSHA Defense Report blog, curated by the top-notch MSHA attorneys in our national MSHA • Workplace Safety Practice Group.

The MSHA Defense Report will provide stakeholders in the mining industry with useful legal and regulatory updates, as well as analysis of trends in the mine safety and health legal landscape. Whether reviewing new decisions from the Federal Mine Safety & Health Review Commission and its Judges, or the latest important enforcement initiatives policy and rulemaking issues from the Mine Safety and Health Administration, The MSHA Defense Report will be the destination for the nation’s mine operators to access the latest news about the full range of safety and health topics affecting the Industry.

MSHA Blog

As a true complement to Conn Maciel Carey’s national OSHA Practice Group and its OSHA Defense Report blog, the MSHA Practice and its new MSHA Defense Report blog are valuable resources to learn about the significance of new legal developments in federal mining regulation from the quarry to the courtroom, helping operators prepare and respond.  The blog will also offer practical advice and creative solutions, with the goal of minimizing exposure to liability.

We hope you visit the blog often and provide the MSHA Group with feedback about topics of interest.

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Conn Maciel Carey Launches MSHA Practice and Adds Prominent Mine Safety and Health Attorney

Eric J. Conn Leave a comment

Conn Maciel Carey is thrilled to announce the addition Nicholas W. Scala, a prominent Washington, D.C. Mine Safety & Health Law specialist attorney, to the firm’s national Workplace Safety Practice. Mr. Scala will Chairs the fMSHA Practice Page Imageirm’s new national MSHA Practice Group, which expands and complements the firm’s Workplace Safety Practice.  He has extensive experience and expertise in handling complex Mine Safety and Health Administration (“MSHA”) rulemaking, as well as regularly assisting clients in accident and fatality investigations and a broad range of enforcement-related matters.

Conn Maciel Carey’s national MSHA Practice will represent and advise metal/non-metal and coal mining companies, cement manufacturers, construction entities and other employers that operate in the mining industry in all phases of interaction with MSHA, particularly companies challenging and litigating enforcement by the agency.

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