It is often said that the Federal Mine Safety and Health Act is a “strict liability” law. As a legal term, “strict liability” means “liability without fault.” But what does that mean? In this episode, Arthur and Chris explain this foundational concept of the Mine Act and then offer real world examples to explain what it looks like. They also explain that, while strict liability poses a challenge to operators who may disagree with enforcement actions, there are caveats to it that may provide relief in certain circumstances.

Mining Matters

Fisher Phillips

The Mine Act is a Strict Liability Law: What does that Mean?

SEP 11, 202535 MIN
Mining Matters

The Mine Act is a Strict Liability Law: What does that Mean?

SEP 11, 202535 MIN

Description

It is often said that the Federal Mine Safety and Health Act is a “strict liability” law. As a legal term, “strict liability” means “liability without fault.” But what does that mean? In this episode, Arthur and Chris explain this foundational concept of the Mine Act and then offer real world examples to explain what it looks like. They also explain that, while strict liability poses a challenge to operators who may disagree with enforcement actions, there are caveats to it that may provide relief in certain circumstances.