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WEBINAR Today: Dispute Resolution – Avoiding Unnecessary Litigation Costs

Posted By Darrell Smith, Tuesday, November 17, 2015
Click here to register!

In the upcoming webinar presentation, “Dispute Resolution – Avoiding Unnecessary Litigation Costs,” John Zakhem, litigation attorney at Jackson Kelly PLLC, will provide an overview of alternative dispute resolution methods and tips to assist risk managers and management in avoiding litigation and efficiently managing mediation and arbitration. John will discuss factors to use in determining which method of ADR will work for your company, how to manage that process, contract provisions and cost saving techniques. 

Presenter: John Zakhem, Jackson Kelly PLLC

Date and Time: Tue, Nov 17, 2015 2:00 PM - 3:30 PM EST

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IMA Webinars: Step Strong and Dispute Resolution - Register Today!

Posted By Darrell Smith, Friday, November 6, 2015

Step Strong! Fitness Principles for Stair Safety

Click here to register!

Stairs are a frequent cause of injury in the mining industry. Many of the injuries are acute incidents, such as slips and falls, which occur while moving up and down single steps improperly, or while traversing flights of stairs. Other injuries are chronic in nature, namely presenting as pain in the back and knees from repeated wear and tear. This second type is not usually thought of as associated with improperly climbing up and stepping down from stairs, but is indeed a major cause of chronic injury, time spent in pain, and time spent away from work. Most people, regardless of vocation, and certainly including those in the mining industry, walk up and down stairs incorrectly. They overuse their knees and backs and do not understand how to engage the appropriate muscles in the hips and abdominals to avoid injury. They also tend not to plant their feet properly and are unaware of correct footing, which further contributes to slips, trips, and falls. Join this informative and innovative webinar to learn how to properly walk up and down the stairs during every flight you take and promote safety and fitness! The focus of our discussion will be to learn and practice tricks, tips, and exercises to engage the correct muscles, and includes an exercise booklet for you to take home or to work! 

Presenter: Monica Pampell, President, PentaFit LLC

Date: Tuesday, November 10, 2015, 2:00 PM to 3:30 PM

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Dispute Resolution – Avoiding Unnecessary Litigation Costs

Click here to register!

In the upcoming webinar presentation, “Dispute Resolution – Avoiding Unnecessary Litigation Costs,” John Zakhem, litigation attorney at Jackson Kelly PLLC, will provide an overview of alternative dispute resolution methods and tips to assist risk managers and management in avoiding litigation and efficiently managing mediation and arbitration. John will discuss factors to use in determining which method of ADR will work for your company, how to manage that process, contract provisions and cost saving techniques. 

Date: Tuesday, Nov 17, 2015 2:00 PM - 3:30 PM EST

Presenter: John Zakhem, Jackson Kelly PLLC

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Cost: $39/person for IMA Members, $69/person for non-members. 

-All webinars will be recorded and distributed to all registrants (whether they attended or not) following the webinars, along with the PPT.

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Senate to Vote on Waters of the U.S. Bill - Update

Posted By Ariel Hill-Davis, Monday, November 2, 2015

Tomorrow, November 3rd, the Senate is set to take up the Federal Water Quality Protection Act (S.1140) a bill aimed at forcing the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) to go back to the drawing board on the "waters of the U.S." rule, which was finalized in May.  The EPA and Corps have faced significant opposition to their updated definition of "waters of the U.S." since the agencies issued proposed guidance back in 2011.  S.1140 adds to the momentum of opposition following the recent court decisions to stay the implementation of the rule, by requiring EPA and the Corps to more clearly outline the science and analyses underlying the rule. Opponents, IMA-NA and other industry associations included, see the rule as a unjustifiable jurisdictional land grab that will effectively give the EPA the authority to regulate most of the United States under the Clean Water Act (CWA). There are questions about both the process and science the EPA used in order to draft the rule.  S.1140 would force the EPA to revisit the rule and either provide the support for the regulation or alter it in order to reflect the actual parameters of the CWA. The bill was introduced by Senator Barrasso (R-WY) and has supporters on both sides of the aisle.

This bill is the companion bill to H.R. 1732, the Regulatory Integrity Protection Act, which passed the House in May. As of now, the bill has 46 cosponsors and it needs 60 votes to clear the Senate. 

To read the bill click here

If you are interested in urging your Senator to support S.1140, click here to find their office contact information. 

**Update** - The Senate failed to reach the 60 votes needed for passage of S. 1140.  IMA-NA, along with other members of the Water Advocacy Coalition (WAC), signed onto a letter expressing disapproval to Senators King, Nelson, Kaine, Warner, Feinstein, Schatz, Coons, Carper, Tester, Bennet and Klobuchar for voting against S. 1140 while simultaneously expressing concerns over the scope of WOTUS.  

Tags:  Army Corps of Engineers  Congress  EPA  legislation  Regulations  wotus 

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WEBINAR: Dispute Resolution – Avoiding Unnecessary Litigation Costs

Posted By Darrell Smith, Monday, November 2, 2015
Click here to register.

In the upcoming webinar presentation, “Dispute Resolution – Avoiding Unnecessary Litigation Costs,” John Zakhem, litigation attorney at Jackson Kelly PLLC, will provide an overview of alternative dispute resolution methods and tips to assist risk managers and management in avoiding litigation and efficiently managing mediation and arbitration. John will discuss factors to use in determining which method of ADR will work for your company, how to manage that process, contract provisions and cost saving techniques. 

Date:
Tue, Nov 17, 2015 2:00 PM - 3:30 PM EST

Presenter: John Zakhem, Jackson Kelly PLLC

Cost: $39/person for IMA Members, $69/person for non-members. 

-All webinars will be recorded and distributed to all registrants (whether they attended or not) following the webinars, along with the PPT.

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RESOLVE Releases Community Health and Shale Development Guidebook

Posted By Darrell Smith, Monday, November 2, 2015
Washington, DC based RESOLVE has created the "Community Health and Shale Development Guidebook" and asked IMA-NA to share it with its members. The guidebook provides information on health issues throughout the life cycle of the shale development process from initial assessment to project closure. Shaped by the insights of a cross-sector working group consisting of members from the National Association of Country and City Health Officials (NACCHO), the Pew Trusts Health Impact Assessment Project, and Shell Oil Company - as well as by contributions from expert advisors and reviewers from the public health, NGO, and industry sectors - the guidebook offers options for responding to challenges, case studies of solutions that have worked, and a set of in-depth resources from a variety of perspectives. To view the Guidebook, click here.

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Coalition for Workplace Safety Submits Comments on OSHA's Record keeping Rule

Posted By Ariel Hill-Davis, Thursday, October 29, 2015

IMA-NA along with over 60 other associations and organizations comprise the Coalition for Workplace Safety (CWS), a coalition established to support improving workplace safety through cooperation, assistance, transparency, clarity, and accountability.  On October 27th, CWS submitted comments to the record on OSHA's Notice of Proposed Rulemaking (“NPRM”), theClarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness. The comments focused on OSHA's attempt to circumvent both Congressional and Judiciary authority through the rulemaking process on this issue.  OSHA's proposed rule to alter record keeping standards to impose a continuing obligation categorically ignores the six month statute of limitations on record keeping citations established by Congress in the OSH Act. Not only does this rule attempt to bypass the intent of the OSH Act as enumerated by Congress but the statute of limitations has been reinforced through the U.S. Court of Appeals in multiple decisions. The comments also highlight the punitive nature of OSHA's expansion of grounds for citation by changing the nature of injury and illness record keeping to a continuing obligation.  CWS argues that this NPRM is out of line with precedent, acts as jurisdictional overreach and demonstrates the Agency's misguided belief that more citations create safer workplaces. 

To read the comments please open the attachment. 

Download File (PDF)

Tags:  coalition  comments  CWS  health  legislation  OSHA  record keeping  regulations  safety 

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Senate Votes to Extend Deadline for Implementation of Positive Train Control Technology

Posted By Chris Greissing, Wednesday, October 28, 2015

Earlier today, the U.S. Senate passed by a voice vote, H.R. 3819, a short-term highway bill extension.  This bill was passed yesterday by the House and will now go to the President for his signature.

Senator Barbara Boxer withdrew her opposition after the Senate agreed to confirm Sarah Elizabeth Feinberg to be administrator of the Federal Railroad Administration.

The bill provides for a short term patch through November 20, 2015 so that a long-term bill can be finalized between the House and Senate.  

Included in this bill was a three year extension until December 31, 2018 for the railroads to be able to implement Positive Train Control technology.  With the deadline looming at the end of this year, it has been clear the railroads did not have the time necessary to implement the technology.  The result would have been the rails grinding to a halt and a catastrophic impact to the overall economy.  This three year extension was a common sense response to this issue.

We look forward to continuing to work with Congress on passing a long-term highway bill next month. 

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House Republicans Nominate Paul Ryan for Speakership

Posted By Ariel Hill-Davis, Wednesday, October 28, 2015

Five weeks after Representative John Boehner (R-OH-8) announced his resignation from Congress and Speaker of the House, the House Republicans have nominated Representative Paul Ryan (R-WI-1) to take the gavel.  The nomination also comes three weeks after House Majority Leader Kevin McCarthy (R-CA-23) surprisingly announced he would not seek the Speakership.  The protracted nature of the nomination process of a new Speaker has highlighted the somewhat fractious nature of the current class of House Republicans. After multiple closed door meetings, last week the ultra conservative branch of the party known as the Freedom Caucus agreed to endorse Rep. Ryan, clearing the way for him to step into the Speakership. It's important to note that Ryan accepted the nomination only after setting terms to curb the influence by groups like the Freedom Caucus on his ability to perform the role of Speaker. 

Today, after another closed door meeting it was announced the House GOP officially nominated Rep. Ryan.  He won the support of 200 of the 247 GOP conference.  Interestingly the nomination fell on the same day as the House vote on the 2 year fiscal plan that would increase government spending by $80 billion through September 2017 and raise the federal debt limit. The deal was negotiated by Boehner and is considered largely undesirable by the House conservatives. Ryan has already gone on the record as supporting the plan despite acknowledging it includes  “some good, some bad, and some ugly".  Voting in favor of the measure puts Ryan out of step with conservatives, but should not impede his ascendency to Speaker of the House. 

 

Tags:  Boehner  Congress  fiscal  House  legislation  Paul Ryan  Ryan  speaker of the house 

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House Passes Positive Train Control Extension

Posted By Chris Greissing, Tuesday, October 27, 2015
Earlier today, the U.S. House of Representatives passed H.R. 3819, a short-term highway bill extension.  The bill would provide for a short term patch through November 20, 2015 so that a long-term bill can be finalized between the House and Senate.  

Included in this bill was a three year extension until December 31, 2018 for the railroads to be able to implement Positive Train Control technology.  With the deadline looming at the end of this year, it has been clear the railroads did not have the time necessary to implement the technology.  The result would have been the rails grinding to a halt, and a near certain significant recession would result.  This three year extension was a common sense response to this issue.  

IMA has been actively lobbying on both the highway bill and the PTC issue this fall along with a coalition of impacted associations.

The Senate should be taking action later this week to extend PTC and the highway bill, and we hope that a long term solution for the highway bill is imminent.

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North American Minerals Days - Imerys Ceramics Open House Update

Posted By Ariel Hill-Davis, Thursday, October 22, 2015

As part of North American Minerals Days Imerys Ceramics held an Open House and BBQ at their Ball Clay facility in Gleason Tennessee. From 10 to 5, Imerys took close to 200 members of their community on tours of their operations; sharing who they are, what they do, what Ball Clay is and what it is used for.  Amongst attendees at the event were Tennessee State Representative Andy Holt, President of the Tennessee Mining Association, Chuck Laine, Representative Stephen Fincher's Field Representative Heather Waggoner, and other local leaders of the area. In addition to attending the event, State Rep. Holt issued and presented a proclamation recognizing the important role Imerys plays in the lives of Tennesseans and the economy of the state.  The day's activities exemplify the goals of North American Minerals Days. Imerys was able to engage with a variety of members of their community, increasing both understanding and appreciation for the hard work they do at their facility. Industrial Minerals play such a crucial role in our lives the more aware individuals are of the industry the better our global community will understand the importance of continuing to produce industrial minerals safely and responsibly. We will be continuing to update the site with information on North American Minerals Days, including posting photos from Imerys's event. IMA-NA congratulates Imerys for hosting a such a successful event for the first North American Minerals Days. 

As a testament to the level of community interest in Imerys's Open House in Gleason, the local paper covered the event and put it on the front page.  The story outlines what Ball Clay is as well as Imerys's interest in sustainability and safety.  The piece can be read here and is a stellar example of the positive outcomes from opening facilities and educating your communities about the work you do. 

You can read Rep. Holt's proclamation by opening the attachment. 

Download File (DOCX)

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