Safepro inc.

Alert.....Railings on Mine Scales?....Alert

11 Circuit of Appeals Full Ruling - NMA vs MSHA - MSHA Cannot Make It UP!

Final Accident Reporting Rule published in Federal Register during the Holidays!

Formal Contestment Help Page

Freedom of Information Act and Inspector's Notes Page (You will need to use this to get "the inspector's notes"!)

23 Seats are Open for the May Institute!
Register for the May 10-14, 2010 Institute!

STONE SECTOR MOVES AGAINST MSHA ENFORCEMENT

Problems with MSHA inspectors? Call the Office of Inspector General:800-347-3756

ALERT...SAFE QUARRY OPERATOR GETS HUGE MSHA FINE ...ALERT

Sample MSHA Relief Letter to Representatives and Senators

You must have the same access to the LAW as the MSHA inspector!

Otherwise you are starting your inspections with a disadvantage!

We have reduced prices on E LAW Manuals and you can order today at E Manual + Bonus Case Law!

Latest Screwball Citations

October 19-23 Institute

Brad Kroeger, Rick Steiskal, Aggregates USA, Bruce Poe, Southern Industrial Constructors, Inc., Chad Cornwell, Tim Cissell, Nally & Haydon, Chuck Steptoe, Tara Leinbach, Graham Brothers Construction Inc., Dan Kauffman, DK Quarries, Inc., Diana Schroeher, Law Office of Adele Abrams, Eric Cullop, Robert Combee, E.R. Jahna Industries, Jim Sharpe, Sharpe Media, Jim Steiner, Melrose Quarry & Asphalt, John Eggleston, Mark Schenck, Steuben County N.Y. Public Works, Heather Scott, Mark Michael, Irving Materials, Michael Brewer, Orica USA, Adele Abrams, Esq.

_________________________________________________________________

This was a class of Aggregates professionals. There were over 400 years of experience in The Industry sitting in the class! The Professional Graduates of this Class represent Production Companies from across the Nation. They brought broad and valuable experience to Savannah and did not hesitate to share it. These Graduates will strengthen our Industry during this difficult economic and enforcement period!

Click for Institute Album

Most Promising $afe Production Officer October 2009 MS&H LAW Institute

Dan Kauffman

Mr. Kauffman is Owner/Operator of DK Quarries, Inc. in Lincoln City, Oregon. He quickly gained the attention and respect of his classmates. It was apparent that he came to Savannah with questions relative to strengthening his Quarry Safety & Compliance Process. He took copious notes and his questions and comments sparked affirmative problem-solving debate. His curiosity and willingness to explore new challenges led his peers to select him as Most Promising Safe Production Officer in the October 2009 Institute!

$afepro, inc. and the Industry congratulate Dan Kauffman upon his being chosen as MPSPO by this class of professionals. It is entrepreneurs and principled American Small Businessmen like Mr. Kauffman who make possible the wonderful standard of living that citizens enjoy in this great nation!

How Useful Are MSHA's Conferences?

Significant Provisions of the S MINER Act.

6 More Provisions About the Proposed S MINERS Act You Should Know

A Short Lesson in LAW and Citations

The 16 Principles of $afe Production

Lafarge Cement receives $150,000.00 + housekeeping fines for one inspection! Click for info! 56.20003(a) is the "housekeeping standard".

Click for new Institute dates, course content, and typical schedule. Our next Institute is Feb. 8-12, 2010!

Click here for "FORMAL CONTESTMENT" procedure.

Do Not Confuse this with "Informal Conferencing"!

Sample Formal Contestment Letter

Thank you Salt River Materials

$afepro agrees with you that though markets are down in our Industry, Miners like yours are the Insurance that our great Nation will recover from the present crunch. Ms. Blue and I are so grateful to your Scottsdale Operation and Employees for their daily $afe Production efforts which provide good livings for their families and vital materials to our wonderful United States!

Received by $afepro

Frank,

I just wanted to send you a quick note to say thank you for a job very well done yet again! My employees who attended your October $afePro Law Institute had nothing but great things to say about their experience with you (and Ms. Blue) and they started putting their newfound knowledge of MSHA Law to work for them and us right away when they returned.

Sending our people to your course has been and will continue to be an important part of our Safety Process towards achieving and sustaining a ZERO injury Mine and ELIMINATING regulatory citations. The stock markets might be down but the returns on our $afePro investments in our employees have never been better and continue to pour in. I have to tell you, it feels GREAT to invest our precious dollars into our valuable employees knowing that every time we do it we're actually saving money through substantial reductions in both injuries and citations!

I truly thank you (and Ms. Blue) for everything that you do to help educate, protect and empower our most valuable assets, our employees.

ALL AHEAD FLANK TO "ZERO"!

Best regards to you and Ms. Blue,

Scott "Nemo" Boyes

Safety Manager

Salt River Materials Group

Clarkdale AZ.

sboyes@srmaterials.com

Office (928) 639-8099

Fax (928) 639-8084

Click to Register for the Feb., 2010 Institute.

To assist the Production Industry in its present struggle with the MSHA inspector, $afepro, inc. has reduced the prices of the Electronic LAW Manual packages. Click to Save $200.00!

MSHA field offices across the country are conducting Part 50 Audits. It appears that these Audits have little to do with the safety of Miners; but, are being conducted to generate citations. Click for Guidance

Avoiding Paperwork Citations

Many surface mines are now successfully complying with mandatory safety standards and MSHA inspectors have to search harder for valid hazards to justify issuing citations! As savvy Operators continue to add to their understanding and ability to spot phony or flawed inspector's evaluations, it becomes difficult for the inspectors to issue a citation involving actual Safety for the Miner or Quarryman.

Click to Learn More

Click here to register for Feb., 2010 Institute.

The following list shows the types of MSHA inspection activities that are counted in the operators' inspection day counts.

Click for List

MSHA giving multi-thousand dollar citations to Cement Firms!

Now's the time to register for Feb., 2010 Institute.

Click to register.

Email (LAW info is not a vaccination! It must be put to work! $afepro

Here's why they need to sign up!

We just finished our 2nd MSHA inspection of 2008 in the Mining Department at our ** Minerals operation (we have a separate MSHA ID# from the plants) - ZERO citations. It gets better - This includes ZERO citations for our overburden removal and trucking contractors. Our previous inspection in February resulted in only 1 citation for failure to properly label an electrical control box on a new generator.

Click for more of their story!

Email received by $afepro

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

Click The Fines Go Higher

Feb. 8, 2010 is our next Institute..................Register early to ensure a seat!!

$afepro Mine Safety & Health Law Institute

Feb., 2010 Savannah, GA

Click to Register

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.

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 15^th, 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.

Click for More!

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.

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

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.

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.

Mine Owner Commits Suicide

RD Coal Owner Found Dead

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.

- 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

The Feb. 2010 MS&H Institute is filling ! Business in 2010 will be extremely difficult without LAW-trained Production and Safety people on site!

There are open dates for Company Seminars. To schedule Seminars call 828-766-6611.

Click here to register for Institutes

   PROCEDURE INSTRUCTION LETTER NO. 106-111-04
Procedures for Evaluating Flagrant Violations

$afe Production Works for Morris, Inc.

     Frank - How are you doing on this great day? I hope everything is going well for you and Ms. Blue! I have some great news to share w/ you. We had an inspection at our Clodfelter pit approximately a month ago. 0 Citations!!! Last week we had an inspection at our Richard's pit operation. 0 Citations!!!
I let the guys know how proud I am of them, and recognized them all in front of the whole company at one of our monthly safety meetings with the entire company. I give them a lot of credit, but I also credit the most valuable training they were able to receive from you this past winter. It put everything into perspective for them, and let them know exactly what kind of monster we are up against. Keep up the great work, and thank you so much for bringing all of us miners together and uniting us all.

                            Sincerely, John Morris

$afepro and The Industry congratulate Morris, Inc. and the Professional Clodfelter and Richard's Crews for their safe and compliant sites. Your hard work on $afe Production and The LAW during your Refresher Training certainly paid off!

Knife River MW Does It Right

Frank,

We met with our MSHA inspector yesterday at our permanent plant in Decorah, Iowa and also experienced a "0" inspection!

Your class does level the playing field during an inspection, and makes the expectations quite clear for all parties involved.

Thanks!

Larry Leliefeld

Human Resources & Safety Manager

Knife River Midwest, LLC.

900 Montgomery Street

P.O. Box 48

Decorah, Iowa 52101

Thank you, Larry, $afepro and The Industry congratulate The Decorah Plant for showing us the importance of Safe Workplaces! We look forward to your crew pictures.

$afepro, inc.'s LAW Seminar schedule is filling up for Fall-Winter. Seminars can be scheduled for individual Companies

by calling 828-766-6611

Andy Ward, Plant Manager of Hanson's Lowrys Quarry, McConnells, SC reports that his crew has just completed a "0 Citation" MSHA inspection.

$afepro and The Industry congratulate Andy, his Supervisors, and their fine Quarrymen for this achievement!

Plant Manager Ward is a graduate of the October 2005 MS&H LAW Institute.

Knife River Corp., North Central Sets The Target!

The Quarrymen and Women dug out of the Minnesota snows with enthusiasm and immediately went about making their sites safe and ready for Spring $afe Production! The Stark Pit, The Rockville Quarry 3 Pit, The Naaktgeboren Pit, The Ernie Toth Pit, and The Mark Pit all received

"0 Citation" inspections.

This did not occur by "accident"! It was part of Knife River's 2007-08 plans to be "World Class". LAW Seminars were held in Bismarck, ND and St. Cloud, MN the first two weeks in March followed by scheduled seminars for their subsidiary companies' Managers, Supervisors and Quarrymen throughout the remainder of 2007 through 2008.

Armed with their knowledge of the LAW learned from the March Training, Greg Leidenfrost and Adam Bialke led these four professional crews to peak readiness for "warm weather production". The results are obvious! With the Plants safe, predictable production and higher profits emerge without a Quarry Person injured for the Spring/Summer business period.

These are the Quarrymen who made it happen!



   Dan Warner & Stuart Larson              Greg Leidenfrost, Tom Cheney

                 Mark Pit                                 John Lyon & John Eich.

                                                            Naaktgeboren Pit



     Leo Plumski, Jeremy Lyon                               Greg Hyatt

          & Jeremy Rozeski                                         Stark Pit

        Rockville Quarry 3 Pit





                                     Joe Bates & Justin Luberts

                                              Ernie Toth Pit

   $afepro and the Industry congratulate Knife River Corp. North Central Div. for setting a realistic goal for all of our firms to follow. In this period of inequitable enforcement of the LAW, these people have proven that "doing the right thing is the right thing to do"!

Hanson Fayette County Site has "0 Citation Inspection"

The "0 Citation" 1st Shift Crew

"Frank

As you know Jess Blamey transferred from England to the United States one year ago. He attended the October 2006 Savannah Institute and returned armed with the knowledge that he will need for continued success here. I also wanted you to know that Hanson Fayette County had a zero citation inspection on October 18^th & 19^th. Thanks for all of your help.

                                   Danny"

Danny Thomas is Plant Manager of the Fayette County, GA Q&P and is twice a graduate of the $afepro MS&H Institute, once years ago as Leadman and lastly as Plant Manager. Mr. Blamey is Plant Foreman. Their Area Manager, Randy Watkins is also an Institute graduate and an excellent $afe Production Manager.

This site is consistent in its $afe Production efforts. Their hazard-free workplace allows maximum production, good profit and everyone is in physical and mental condition to repeat the good performance the next day.

$afepro and the Industry congratulate The Fayette County Quarrymen for the good jobs they maintain and for the excellent example they set for Miners across the United States and the world.

ARE YOU IN COMPLIANCE? ARE YOU SURE?

Click here for MS&H Institute

Click here to download the PowerPoint Safety Meeting on "How it works"!
Click on "Save" to save it to your desktop!

$afepro, inc. is currently scheduling Fall &Winter Law Seminars.

            We wish to schedule the seminars for our clients at their most convenient times. The only way we can do this is if the Firms inform us of their $afe Production training needs early. Please let us know what your plans are as we do not want to disappoint you by having to schedule Seminars during your production season. Your 2010-2011 profit picture needs this training to have maximum return during the present market. Please let us know your needs at fadkins@safeproinc.com or call us toll-free at 1- 888-680-1220.

Click to see Seminars across the United States

The 16 Principles of $afe Production

Click here for FORMAL CONTESTMENT procedure.

New Law Seminars across the United States

Weatherton Contracting used the Seminar Compliance information to plan for an efficient, safe and profitable Summer and Fall.

Fisher Industries held Seminars in North Dakota and Arizona to have an injury and citation free production season.

Myrl and Roy's Paving prepared the entire workforce for a high profit low injury year.

Compliance-based $afe Production is a recognized profit producer for these valuable firms. Their reaching their production goals is dependent on everyone being physically able to perform all scheduled work. Safe jobs mean efficient jobs! Efficient jobs mean highly productive jobs! Highly productive jobs mean satisfied clients. Satisfied clients mean higher profits. Higher profits mean better standards of living! It is a "win, win" situation and all founded on safety for the miners!
If your insurance costs are soaring and you have a problem take an example from these well-managed company and provide maintenance for you company's people.

The 10th Principle of $afe Production,
"Training is maintenance for the people."


The South Dakota Strategy

This is solid gold business management!

Click to learn their successful plan!

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!

$ -The Mining Hall of Fame - $

The $afe Production Formula

"0 Citations"= Safe Workplaces = Maximum Profits = Better Paychecks.

Managers, Supervisors and Hourly Miners all win!!!

"0 Citation" reports are coming in so rapidly that the Homepage was dragged down from the volume and loading slowly. We want everyone recognized for that great accomplishment, so we will keep them on the Homepage for two weeks and then place them on a special "Hall of Fame" link. "Most Promising $afe Production Officers" will also be in the "Hall of Fame".

To access the "Hall of Fame click on the "Mining Hall of Fame" headline



MSHA WALL OF SHAME

In an attempt to hold MSHA to the same high standards that our Industry clients hold themselves, $afepro has published the Wall of Shame.

There have been so many instances of uneven enforcement by MSHA that we have grouped all examples, solutions, research and recommendations under this heading. This will hopefully make navigation through the agency inconsistencies and abuses easier for you to find and somewhat unclutter the Homepage!

Click here for uneven enforcement & solutions folio!

Click here for Small Firm Dust Citation Alert. It could mean major expenditure if you don't!

Click here to register for the January 2009 MS&H Law Institute

    Click for $afepro Editorials.

Safe workplaces and good incomes are
"ALL-HANDS" responsibilities!

Stars: Tilcon NY Orica Explosives

Everyone contributes to a $afe workplace! (Click here for QC solutions)

AED "Good Samaritan" Links

For additional information on any of the above activities and products, contact $afepro by:

E-mail:fadkins@safeproinc.com
Telephone: (828)766-6611
FAX: (828)765-9655

Mail:
$afeproinc
Po Box 157
Spruce Pine, NC 26777

$afepro also hosts seminars for individual companies at sites of their choice.

Please call or write for specifics.

Required Training

Services LLC

Legal Publication Services

Mine Safety & Health News

The above are links.

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Stars: Tilcon NY Orica Explosives Everyone contributes to a $afe workplace! (Click here for QC solutions)

AED "Good Samaritan" Links

Stars: Tilcon NY Orica Explosives

Everyone contributes to a $afe workplace! (Click here for QC solutions)