Mine Safety and Health Specialist (Conference and Litigation Representative)
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Conducts mine safety and health conferences for the review of issued citations and orders in accordance with procedures contained in Title 30 CFR part 100 in an attempt to mediate and resolve disputes before they are heard in a more formal setting.
Examines all the evidence of the case (including the circumstances under which the citations/orders were issued), hears arguments regarding the severity of the violations and/or amount of assessed penalties and considers all relevant information before making a final decision to either sustain, modify, or vacate each citation and/or orders scheduled for discussion.
Provides expert technical advice and guidance on MSHA policies and procedures regarding the conference process, and resolves complaints and conflicts which arise in their application and interpretation.
Authorized by MSHA and SOL to serve as the MSHA representative at judicial hearings before a Administrative Law Judge (ALJ) of the Federal Mine Safety and Health Review Commission.
Coordinates conference information regarding the status of violations under consideration for knowing or willful investigations under Section 110(c) of the Mine Act with the District's SSI/CLR.
Reviews requests for conferences submitted by alleged violators who wish to discuss the facts surrounding a citation and/or order issued during an inspection and determining whether or not a conference is warranted.
Prepares legal research through document reviews of relevant information about the specific citation or order being contested, including MSHA policy memoranda, manuals and legal decisions detailing rule interpretations and court cases.
Prepares pre- and post trial pleadings and discovery, including pre-hearing orders and post-trial briefs.
Prepares and presents a variety of written correspondence, including researching and responding to congressional inquiries and deliberating policy issues having and impact on conference activities.
Prepares written reports of inspections and investigations, issuing citations and orders for violations found during examinations.