By Ellen Smith ALJ William Moran has dismissed a Pattern of Violations (POV) charge against Patriot Coal’s Brody Mining, stating that the POV charge is a violation of due process with a system that is “patently unfair, almost rigged,” and the company does not know what evidence to present for its defense.
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What Motivates You?
Whether It’s An Action To Reinforce Or To Correct, Nothing Beats The Personal Touch. By Randy K. Logsdon An October 9 investigative report in the Chicago Tribune delved into a sudden increase in automated red-light citations issued at several Chicago intersections. It seems that the citations that are issued by mail include data regarding the infraction, including the length of…
Read MoreScience Fiction Becomes Real Tech
By Randy K. Logsdon It is something that you might expect to see being used by an advanced civilization originating from a distant planet, or from the pages of Marvel Comics. But it’s real and quite revolutionary. The substance is known in technical terms as a “dilatant non-Newtonian fluid” and is also marketed under the trademarks “D3o” or “D30.” Imagine…
Read MoreTwo Personal Liability Cases Upheld Against Foremen
By Ellen Smith The 11th Circuit Court of Appeals agreed with the Labor Secretary that an agent of a limited liability corporation, or “LLC,” can be charged under 110(c) of the Mine Act, and in a separate case, the Review Commission upheld charges against a foreman.
Read MoreMost Frequently Cited Standards
In an effort to assist mining operations with compliance efforts, MSHA provides a list of the “Most Frequently Cited Standards” by mine type. Following you will find the five most frequently written citations for stone producers, including the number of citations written thus far in 2014.
Read MoreMetal/Nonmetal Sector Suffers 17th Fatality
According to the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA), on August 2, 2014, a 53-year-old plant operator with 25 years of experience was killed at a sand and gravel plant. The victim was working under the raised bed of a dump truck when the wooden block supporting the load suddenly failed, allowing the bed to fall…
Read MoreMine Rescue Contest Crowns New Winner
Doe Run Co.’s “Maroon Team” from Viburnum, Mo., won the 2014 National Metal and Nonmetal Mine Rescue Contest held August 4-7 in Lexington, Ky. FMC Minerals’ “Red Team” from Green River, Wyo., and the Waste Isolation Pilot Plant’s “WIPP Red Team” from Carlsbad, N.M., rounded out the top three.
Read MoreBrake Violation Not S&S, But Imminent Danger Order Upheld
By Ellen Smith ALJ Richard Manning reduced a penalty for a brake violation under §56.14101(a)(1) while upholding an imminent danger order for the same violation. He also increased a second penalty for a parking violation under §56.14107 taking into consideration that the safety violation was committed by two management employees.
Read MorePrinciple Number Six: Not Here, Not Now, Not Me
By Randy K. Logsdon This is the sixth in a series of six columns exploring traditional principles of safety.” – Ed.
Read MoreMSHA Releases Mid-Year Mine Fatality Update
MSHA released a mid-year summary of mining deaths across the country. During the first half of 2014, 22 miners were killed in accidents in the mining industry. The toll represents an increase in the mid-year fatality count and reverses a decline in fatal accidents seen in recent years.
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