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FMSHRC Website Link

The number to call for immediately reportable accidents is "1-800-746-1553"! Operators who have called their field and District offices instead have been threatened with citations for alleged "failure to report within 15 minutes"!

Formal Contestment Help Page

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

May Institute Full. Register for the October 21-25, 2013 Law Institute

Don't Wait! Registration open with only 18 seats left!

January 2013 MS&H Law Institute

   

Arturo Martinez, David McLaughlin-Great Lakes Aggregates, Billy Todd, Dan Harder, George Hamilton, Jon Sheppard-Moltan Company, Carlos Perez, David Towns-Cemex,  Dan Sparks-KRC - Hawaiian Cement, Dave Jones-Jones Fuel Co., Delaka Blanks-New Gold - W. Mesquite Mines Inc., Giddel Gallardo, Thomas Leidinger-E.R. Jahna Industries, Gregg Wybensinger, Jeff Wire, Nathan Bostelman-Lehigh Hanson Aggregates SW, Jorge Taronji-Carbo Ceramics, Neil Hodgson, Cindy Keith-Lehigh Hanson Cement –Leeds, Michael Ingham, Michael Pedrick-Dolomite Group, Randy Chappell-Hills Materials (Oldcastle), Steve Adkins-Mountain Cement, Steve Crooke, Dennis Riden-Aggregates USA, LLC,  Steve Lobaugh-Salt River Materials Group

These leaders brought knowledge and experience with them to the Institute that will help their companies meet their safety and compliance goals.

The additional knowledge they gained from class and experience prepared them to guide their Firms to successes in Safety and Compliance. They now understand the difference.

The Graduates will make our Industry stronger during this difficult economic and enforcement period!

 

Most Promising Safe production Officer

Jan. 28-Feb.1, 2013 MS&H Law Institute

 

Dan Sparks

Dan came to Savannah with his wife, Dar. HE is the new Safety Officer for Hawaiian Cement, a well-run and valuable source for construction materials needed in Hawaii. They live on the island of Oahu.

This is Dan's first sojourn in the mine safety arena. Though he has much experience in OSHA operations.

$afepro and The Industry congratulate Dan Sparks and Hawaiian Cement upon his being chosen by his peers as Most Promising Safe Production Officer in the Jan. 2013 Institute.

"Relevant and Necessary" Records.

The following lists show the types of inspection & investigation activities that are used by MSHA in the operators' inspection day counts.

Click for Inspec. & Invest. Lists

Living with Rules to Live By III in MNM

Good Question from an Industry Combat Veteran!

Court Rules that Mine Scales are not roadway!

M/N Gen. Inspect. Handbook-Chap. 7 Inspection Notes

Thanks to Jim Sharpe, Sharpe's Media!

INSPECTOR TELLS WHY HE QUIT MSHA

In a sworn deposition in a court case recently, a former MSHA inspector explained why he was no longer with the Agency. “I don’t care for the way MSHA was going about how they do things, and I was informed by [MSHA supervisor] that my citation count was too low, and if I didn’t get them up, he heard a rumor I would be fired, so I gave him two weeks’ notice.”

Recommended Operator Policy for "Brake Testing"

Judge Invalidates Flagrant Violation Rule!

 

 

Another ALJ Scales Ruling

Sharpe's Point - MSHA Weigh Scale Position Analysis

Court of Appeals Rules Section 103(k) Orders Can Be Challenged

Workplace Examination Help Page

MSHA Team Demands Hazard Paperwork!

MSHA reissues 56/57.18002 PPL

(See Original P10-IV-03) EFFECTIVE DATE: November 10, 2010

See Reissue PPL P11-IV-01 EFFECTIVE DATE: 02/17/2011

The requirement to list hazards has been dropped! Purging  the records after each regular inspection has been changed to records must be kept for 1 year.

Program Policy Manual Vol IV on 56/57.18002

 

All Electrical Hazards Fatal?

Must Have Mining Tool!

 

0 Citation Inspections
$afepro is happy to share the news that within the last 180 days, 136 operations from around the country reported “0 citation” inspections. Their workplaces were hazard-free and the "principled MSHA inspectors" did not issue them phony paper!

Congratulations to the professional Sites’ Miners!

Firm Names, Person Names, and Firm names have been redacted by $afepro to avoid review by the MSHA Office of Accountability and “payback” for the inspector and firm by the agency.

 

Synopsis of May 6 ALJ Guard Ruling

Important ALJ Ruling on "Guarding" and "Timely Notice"!

Sharpe's Point Article on Preshift Ruling

IOWA MINERS 'REVOLT' OVER MSHA

S&S Ambush Alert!

Nebraska Forum Questions MSHA enforcement

Rep. Rehberg Looks In to Attack on Montana's M/N Mining Industry by MSHA

Sen. Thune (SD) Calls for IG Investigation of MSHA Enforcement

Judge Scolds MSHA Over Part 46 Orders

M/N Health Survey Alert

M/N Operators will be cited if they are not conducting "adequate" Health surveys for exposure to dust, gas, mists, and fumes under 56.5002! MSHA's M/N administrator has issued a Procedure Instruction Letter telling the inspectors what to look for and cite. Click here to see the recent Health Survey PIL. Adequate Health survey procedures and compliance will be highlighted at the October 2011 Institute.

Commission Sets Rule to Speed Mine Penalty Appeals.

 
Safe Access, Fall Prevention and Fall Protection involving self-propelled mobile equipment.

 

Click Here For The Health Survey Alert


A Tool That Stops both Injuries and Valid Citations!

Pat Stone Wins One for The Quarrying Industry

 MSHA Unwarrantable Failure Criteria Under Spotlight (104(d)!

LAW & Enforcement Policy on Rollers

      Recommended Policy for Operator's Brake Testing

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

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 here for "FORMAL CONTESTMENT" procedure.

Do Not Confuse this with "Informal Conferencing"!

 

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

Caution: if you have a Formal Contestment submitted

 

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

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

Jan. 2013 is our next Institute..................Register early to ensure a seat!!

$afepro Mine Safety & Health Law Institute

Jan. 2013 in 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. 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 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. 

 

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.

Click to Register for May, 2012 Institute..

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.

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.

 

Business in 2012 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 18th & 19th. 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.

 

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 Winter and Spring 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 2012-2013 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 Jan. 2013 MS&H Law Institute

 

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

 

Aggregates Manager

 

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   Legal Publication Services

  Mine Safety & Health News

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