An ALJ Determines That There Are Outer Limits of MSHA’s Relatively Unlimited Enforcement Authority By R. Brian Hendrix
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First Look – February 2015
TOP NEWS Deficient Roads, Bridges Cost New Jersey Roads and bridges that are deficient, congested or lacking desirable safety features cost New Jersey motorists a total of $11.8 billion statewide annually. Construction Starts Rose 7 Percent in 2014 For 2014 as a whole, total construction starts climbed 7 percent to $575.3 billion, according to Dodge Data & Analytics. This continues…
Read MoreMSHA Received 49 Discrimination Complaints in 2014
Not long after a miner who maintained a dust collector machine at a cement facility in San Bernardino County, Calif., contacted the Mine Safety and Health Administration (MSHA) about safety hazards, he was suspended and then terminated in April 2014. MSHA filed a motion for temporary reinstatement of the miner, and the mine operator, Riverside Cement Co., agreed to temporary…
Read MorePOV Violates Due Process, ALJ Rules; Denies Motion for Emergency Stay
ALJ William Moran dismissed a Pattern of Violations charge against Patriot Coal’s Brody Mining on Nov. 1, stating that the POV charge is a violation of due process. The Judge called the POV process “patently unfair, almost rigged,” and said that companies do not know what evidence to present for their defense.
Read MoreProposed Part 100’s Unintended Consequences: The Truth Revealed
The Proposal Appears To Be a Change For The Sake Of Change, And Seeks To Ease The Burden Of Proof On Enforcement Actions and Increase Penalties Without a Safety Rationale. By Ross Watzman
Read MoreFirst Fatality Hits Aggregates Industry
Jan. 14, 2015 – On January 8, a 63-year-old sales manager with 11 years of experience was killed at a sand and gravel mine. He was installing new screen panels in the B tower screen. The feeder box pivoted, pinning him between the box and the rear support beam of the screen deck. This is the first fatality reported in calendar year 2015…
Read MoreFirst Look – January 2015
Luck Stone Receives Award Luck Stone received a special achievement in GIS award acknowledging leadership, vision, hard work and the innovative use of ESRI’s GIS Technology. Eagle Materials Appoints Haack He joins Eagle from Halliburton Energy Services where he enjoyed a 17-year career with successively important operating positions. James Retires Vulcan Materials Co.’s Donald M. James, executive chairman of the…
Read MoreMSHA Impact Inspections
Jan. 5, 2015 – The U.S. Department of Labor’s Mine Safety and Health Administration announced that federal inspectors issued 199 citations and 19 orders during special impact inspections conducted at 10 coal mines and six metal and nonmetal mines in November. There were several aggregates operations targeted, including Hanson Aggregates BMC Inc.’s Springfield Pike Mine & Plant in Pennsylvania (16 citations); and a St.…
Read MoreMSHA Releases 2015 Regulatory Agenda
The U.S. Mine Safety and Health Administration (MSHA) released its fall regulatory agenda Nov. 24. The agency states that it is on track in conducting the rulemaking on reform of civil penalties; comments are due Jan. 9, according to the National Stone, Sand and Gravel Association.
Read MoreA Good Safety Record is Not A Mitigating Factor in Lowering Penalties
By Ellen Smith A good safety record at a quarry, and having an injury-free operation, is not a mitigating factor in determining final penalties for violations of the Mine Act, Review Commission ALJ Alan Paez ruled in a case involving the Campbell County, Tenn., Highway Dept. located in Jacksboro, Tenn.
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