Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/772143
AGGREGATES MANAGER / January 2017 41 While the 527 pages published in the Federal Register shortly after the presidential election on Nov. 8, 2016, likely signify the start of an onslaught of new regulations by the Obama Administration, current Republican leaders have ex- pressed their disapproval of these actions. On Nov. 15, 2016, Republican leaders, including House Majority Leader Kevin McCarthy, sent a letter to the current heads of all regulatory agencies cautioning them against "midnight rulemaking." They stated: "We write to caution you against finalizing pending rules or regulations in the Administration's last days. By refraining from acting with undue haste, you will ensure that agency staff may fully assess the costs and benefits of rules, making it less likely that un- intended consequences will harm consumers and businesses. Moreover, such forbearance is necessary to afford the recently elected Administration and Congress the opportunity to review and give direc- tion concerning pending rulemakings. Should you ignore this counsel, please be aware that we will work with our colleagues to ensure that Congress scrutinizes your actions and, if appropriate, overturns them pursuant to the Congressional Review Act." This letter clearly outlines the mentality of the Republican-con- trolled Legislature, a view that is expectedly shared by the Trump Ad- ministration. In addition to reviewing regula- tions, the new administration may mark the start of differing policy objectives, ranging from changing enforcement to changing the burden of proof for discrimination claims. From an enforcement standpoint, we may potentially see an MSHA that stresses compliance assistance and fosters cooperative programs, rather than focusing strictly on enforce- ment. This could potentially affect the way MSHA utilizes its pattern of violations (POV) authority under the Federal Mine Safety and Health Act of 1977 (Mine Act). Moreover, the Trump Administration may attempt to scale back whistleblower programs and claims by heightening the threshold for a claimant to estab- lish a prima facie claim. This increase in the burden of proof would signify a significant shift towards protecting employ- ers from false discrimination claims. Finally, the Trump Administration will likely overhaul the Federal Mine Safety and Health Review Commission (FM- SHRC). The FMSHRC is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Mine Act. It currently has a vacancy, and while operating with quorum, the administra- tion could move to name a Republican to fill that vacancy. Additionally, the terms of two additional members of the FMSHRC will expire on Aug. 30, 2018, opening up the chance for a Republican majority on the Commission. All in all, it is impossible to know exactly how much emphasis the Trump Administration will place on MSHA considering his campaign only targeted the coal industry. However, based on Trump's views of labor and employ- ment and government involvement in business, it is likely that the mining industry could see some significant changes starting in 2017. AM 1.888.862.7461 www. beka-lube.com BEKA - LUBRICATION SPECIALISTS SINCE 1927 For winter weather and high altitudes, you need a BEKA auto-lube system to keep your equipment running smooth. • Cast aluminum base resists hot/cold temperature swings and witstands impacts without leaks • No springs! Eccentric drive gear ensures reliable service in all climates and conditions • Engineered to pump grease down to -13°F/-25°C Find out why industries are choosing BEKA for today's best-built auto-lube systems. Call 1.888.862.7461 or email us at info@beka-lube.com. about cold weather performance by BEKA! GET THE FACTS SEE US AT CONEXPO Booth # G72213 026-136B Agg Manager - Facts 4.5x4.5 4C.indd 1 2016-12-01 2:42 PM Untitled-3 1 12/12/16 9:28 AM