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January 12-16, 2009 Institute has 18 seats available to date. Click to Register!
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Phony Order & Citation Defense An MSHA inspector has issued an ORDER on the W. Coast based solely upon his "Guess". Assumptions were made about "structural stability" with out any "expert" testing or evaluation. This is a direct denial of rights guaranteed the operator by the Constitution of the United States. It is up to MSHA to prove the Company guilty! MSHA Solicitors' Office Phone & Fax #s inside! Click the headline for recommended action! |
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The First Aid Kit/ Expired Iodine Swabs Citation Was Withdrawn by MSHA! |
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Click here to register for Jan. 12-16, 2009 Institute.
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"Order of Stay"
This is the Federal Mine Safety and Health Review Commission's response to the increasing number of Formal Contestments. You do not have to agree to waiting for the assessment. That is the 2nd opportunity to Formally Contest. There is the hope that this will confuse companies and cause them to wait for the Assessment before pursuing in court as this would lessen their case load! If MSHA inspectors would issue proper and legitimate citations then Formal Contestment by Producers would not be necessary. See the "Order of Stay Letter" and follow the instructions on the "Sample Response to the Order of Stay".
Order of Stay Letter from Chief Admin. Law Judge
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The following list shows the types of MSHA inspection activities that are counted in the operators' inspection day counts. |
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Here is a recent example of MSHA's enforcement offensive. 5 Man S&G Operation 3 Day MSHA Inspection
* notice what a 104(d)(1) does to the fine. Do you and your people know the difference between this 104(d)(1) S&S citation ($6458.00) and the other 104 (a) S&S citation ($1944.00)? That lack of knowledge cost this small S. East firm an additional $4514.00. I am thankful that this Site knew enough to Formally Contest the citations they did not agree with
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This is a report of an MSHA Teleconference briefing done 6/16 by Acting Asst. Secretary MSH, Richard Stickler, for the News Media. Failure to read and digest this will definitely give you a huge shock during the 2008-09 inspection cycle! Stickler predicts 180,000 citations in 2008 up from a record 140,000 in 2007! This enforcement offensive by the agency will cost major money! Plans must be made now to avoid MSHA's pitfalls. We are again in the debt of Jim Sharpe, Sharpes Media, for this vital information. $afepro Click for Proven Plan to Avoid Citations $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ |
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Click here for "FORMAL CONTESTMENT" procedure. Do Not Confuse this with "Informal Conferencing"!
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MAY 2008 Institute
Tom Baily, Scott Rhodes, National Lime & Stone, Barry Bright, Gary Mackey, Bruce Van Kirk, Kim Lee, Salt River Materials Group, Bill Shipe, Irving Materials Inc., Chuck Varadin, Robert Munoz, Guy Storm, Aggregates USA, Clarence Gerik, Wade Klimpe, Hanson Aggregates, Craig Wysong, Daniel DiMartino, Carbo Ceramics, David Thompson, Eric Schubert, John Hansen, Fernando Chavez, Cemex USA, Ernesto Alvarez, John Ontiveros, Jon Thomas, Kelly Isaman, Ronnie Akins, Marc Ingvoldsen, (Baldwin Contracting) Knife River Corp. , Nichelle Young, Law Office of Adele L. Abrams, Kyle Jackson, Old Castle Materials Group Midwest, Inc., Jim Wright, WDC Exploration & Wells, Jason Smith, Hanson Brick.
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Most Promising $afe Production Officer May 2008 MS&H LAW Institute
David Thompson David is Regional Safety Manager for Cemex USA, Florida. When he registered by phone 3 1/2 months ago he said he had a lot of questions. He came to Savannah with them on May 18. By Wednesday morning when he spoke it wasn't questions he asked. His classmates listened closely to his answers and solutions. His keenly analytical mind factored into his excellent experience made him a principal resource for his classmates! His shared agenda plans offered practical solutions to their compliance and Teamwork problems. This Safety Officer's swift understanding of compliance-based, profit-making $afe Production principles led his peers to overwhelmingly select him as Most Promising $afe Production Officer of the May 2008 Institute. $afepro and The Industry congratulate David and Cemex USA, Florida for being chosen by his peers as MPSPO. It was a instance of being the best among the best our Industry has to offer! |
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Our Site Seminar Schedule is Full Until Sept. 1. Call 828-766-6611 to schedule for Winter,2008-09. |
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Email received 5-14-08 (LAW info is not a vaccination! It must be put to work! $afepro
Here's why they
need to sign up!
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Email received by $afepro 05/06/2008 Frank, I don’t know how often you check the MSHA data retrieval system to see who’s getting hammered but since it’s public information I thought you might appreciate the following info: Cement, Iowa, Mine I.D. 0000000 * MSHA Inspection Jan/Feb 08 S&S Citations= 25 Non S&S= 73 Total Citations= 98 Total Proposed Fines $65,649.00 |
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MSHA Targeting Contractors and Small Producers! The Agency thinks they do not know enough LAW to protect Themselves from flawed citations! |
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Regular Assessment Cap goes to $70,000.00 MSHA's Adjustment for Inflation reflected in Final MSHA Penalty Table. This is effective as of March 15, 2008 |
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$afepro Mine Safety & Health Law Institute January 12-16, 2009 Savannah, GA or call 1-828-766-6611 to register.
This is always a popular Institute and is scheduled at an excellent time to not interfere with production. We have extended our Oct. class size by three due to Industry demand. Registration will be closed at the first 25enrollees.
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HAWAIIAN CEMENT RECORDS FIRST EVER ZERO CITATION MSHA INSPECTION! I just had to include Hawaiian Cement's complete e-mail because we are so happy for and proud of these Quarrying Professionals! Frank Adkins
John Delong, President Presents the "Traveling "0" Citation Trophy to Keoni DeRego, Quarry Foreman. Frank, Happy New Year to Ms. Blue and yourself from your Hawaiian Cement Ohana!
I am happy to report only three months after your visit and informational Safepro Law Seminar that Christmas came early for Hawaiian Cement. On December 15th, 2007 the MSHA Inspector arrived in town and the Maui Crews were ready. Maui's Puunene Quarry recorded the first ever Hawaiian Cement ZERO Citation MSHA Inspection. In addition, Mau's Waikapu Quarry received only one citation which we believe is bad paper and we are contesting.
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Rosenfeld Sand and Gravel KRC-South, Central Texas Div. "0 Citation Inspection"
On Dec. 21, 2007 this professional KRC Quarry Crew proved that "knowing the LAW and keeping a hazard-free workplace" pays off! Geneva Cross, Margarita DeLorosa and Dusty Terry ( My Vietnam Veteran Colleague) had all attended a LAW Class earlier in the year. Upon their return they shared the information with the crew and made $afe Production their goal as a site. Their efforts resulted in no citations, no injuries, higher profits, and a Merry Christmas for all of their families! $afepro, inc. and the Industry congratulate the Rosenfeld Crew for their business excellence and the fine example they have set for our national Industry during this difficult enforcement period. |
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Lafarge Cement receives $150,000.00 + housekeeping fines for one inspection! Click for info! 56.20003(a) is the "housekeeping standard". |
January 2009 MS&H LAW Institute Dates Posted. Click to register.
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11-05-07 E-mail from Top MS&H Attorney "Still continue to floor me ...
Latest proposed penalties sent by clients today:
(1) Basic guarding citation, "reasonably likely/fatal" with
"moderate negligence" - $13,268
(2) Drill dust citation (where there is a cab installed on the
drill) - "reasonably likely/perm. disabling" with "moderate
negligence" - $14,373
Amazing that Congress still thinks more penalty increases are
needed."
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams P.C. 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com |
Jan. 12-16, 2009 MS&H LAW Institute! Click to Register for Jan. Institute..
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Good News from Knife River's W. Oregon Division
The "0 Citation" Gresham Quarrymen celebrate their Victory! This email is sent by Lynn Gullickson, Safety Resource Manager. "Just wanted to send you a picture and some info on our last MSHA ZERO citation inspection at KRC, Western Oregon Division. The inspection took place at our Gresham operation on 9/19/07. We were inspected by a veteran inspector that was accompanied by an inspector in training. The inspection included a full day shift inspection and a limited night shift inspection. The Gresham location is one of our larger production facilities that operates 24 hrs a day with an average of 21 Team Members. The ZERO citation inspection does not come as a surprise to me. They have had a history of ZERO or one citation inspections in the past. All of the Team Members at Gresham are dedicated to making the facility safe and are led by Mike House and Scott Livingston. On 9-27-07 we celebrated their achievement with a steak and shrimp BBQ and they received the roving ZERO citation trophy that moves from location to location when they receive a ZERO. The celebration was attended by Dave Bull, President of Western Oregon Division, and Brian Gray, Vice President of Metro Operations, Western Oregon Division." $afepro, inc. and the Industry congratulate the Professional Quarrymen of Gresham, OR on their splendid accomplishment. With the "safe workplace", they know that everyone can come to work everyday and provide an excellent standard of living for their families. "Hats Off" to Dave Bull, President of Western Oregon Division, and Brian Gray, Vice President of Metro Operations, Western Oregon Division. Their $afe Production management principles and support for safe workplaces make this accomplishment stand as a goal for every site in the Nation.
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It is sad that a government enforcement agency can exert pressure of such enormity that it causes a small businessman to take his own life. It happened on October 15, 2007. This small mine owner was facing "flagrant violation" fines of $874,500.00 resulting from an Oct. 23, 2006 fatality investigation by MSHA. |
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Significant changes have been made in the MSHA fine payment process. This will cause problems to Production Firms & Independent Contractors if addresses are wrong! Under the Miner Act, MSHA now can seek court injunctions to shut down mines whose owners ignore outstanding fines. (Fines are past-due 30 days after assessment). Note: Assessment Statements will be sent monthly by FEDEX, but payment must be by USPS! Click below for details. |
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Negligence "Moderate-Reckless Disregard" checked in Sec. II, part 11 on your citations can increase the cost of your fines by several thousand dollars! An enlightening AggMan article on the MSHA inspector's responsibilities when evaluating "Operator Negligence" and defense for the degree of Negligence can be seen at http://www.aggman.com/articles/rocklaw.htm#sep07.
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Hawaiian Cement Knife River Corporation A Major Contributor to Hawaii's Growth
Hawaiian Cement Staff The beautiful highways on Oahu and the spectacular high-rise offices, hotels, and condominiums in Honolulu evidenced the contributions that John DeLong, President, and his staff had made to the great State of Hawaii. At our hotel, museums, restaurants, The International Market, the Dole Cannery and wherever Hawaiian Cement was mentioned, this construction materials firm was spoken of with respect and gratitude by the residents. They are considered an essential to the economic growth of The Islands! John Delong had assembled his staff for the LAW Seminar to add compliance-based $afe Production principles to their already excellent management philosophy. They quickly grasped that this information would strengthen their efforts to provide a safe workplace for their employees and increase net profits. Agendas were formed by them to be a world-class Aggregates and Concrete Company. $afepro returned to the Mainland convinced that KRC's Hawaiian Cement will establish $afe Production benchmarks for the US Industry to strive toward.
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9/28/07 - Email from the desk of Adele Abrams, Esq. Alert! New Approach? Alert!
MSHA never ceases to amaze me. The latest gambit: client
conferences citation. CLR tells client that citation will be
vacated. Client awaits modification documentation. When none
arrives after a few weeks, calls MSHA and is informed that the
District Manager "overruled" the CLR and the citation will not
be vacated after all. No attempt to inform the operator of this
in anything like a timely manner. And, of course, at this point
it is too late to file a notice of contest (which would permit
discovery to take place quickly). Now they have to wait for the
penalty proposal. Obviously, this "bait and switch" tactic could
have serious ramifications if used in other cases -- e.g., those
where a 110C investigation could occur. Thankfully, this was at
least not a high-profile citation in terms of "flagrant"
allegations. Thought you would want to know about this.
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams P.C. 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com Thanks Ms. Abrams, it appears that MSHA is deliberately forcing Operators into litigation! $afepro |
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You could be next! This is a ten man operation, family owned and just another in the list of small mines closed by MSHA for no good reason other than its own agenda! $afepro9/21/07, 9:38 EST- Thanks to Adele L. Abrams, Esq., CMSPLatest outrage:
MSHA (District 1 coal) has shut down an entire mine over a
non-S&S citation that the judge deemed "low negligence."
They
had a Petition for Modification granted (in effect) for the past
18 months, allowing them to use ventilation in lieu of seals.
MSHA is now demanding that they travel an abandoned area, to
inspect the defunct seals, even though it only has one escapeway
(due to reconfiguration of the mine). Even the inspector
admitted under oath that this was more hazardous than the
practice of not examining this area. They were cited under the
weekly seal inspection standard. Question is, what were they
expected to do since they were not required to maintain these
seals because of the Petition for Modification.
We had an expedited hearing on Tuesday but won't get the judge's
written decision until sometime next week. In the meantime,
the mine has been closed (and miners put out of work) for over a
week now. Things are definitely out of whack here!
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC 4740 Corridor Place, Suite D Beltsville, MD 20705 301-595-3520 telephone 301-595-3525 facsimile www.safety-law.com
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$afepro, inc. has developed a 12 hour Seminar dealing with "Informal Conferencing/Formally Contesting Citations". |
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The Jan 2009 MS&H Institute is filling ! Business in 2009 will be extremely difficult without LAW-trained Production and Safety people on site! There are open dates in Nov., Dec. & Feb. for Company Seminars. To schedule Seminars call 828-766-6611. |
ARE YOU IN COMPLIANCE? ARE YOU SURE?
See the 16 Principles of $afe Production Click here for FORMAL CONTESTMENT procedure.
After @ 2 months on the homepage, "0 Citation" reports are moved to the Mining Hall of Fame to make room for the more recent "0 Citation" reports. Click on the Mining Hall of Fame link below to see all of the success stories!
Safe workplaces
and good incomes are New Stars: Tilcon NY
Orica Explosives
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For additional information on any of the above activities and products, contact $afepro by:
$afepro also hosts seminars for individual companies at sites of their choice. Please call or write for specifics.
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