To get the “Legal” slant
on MSHA’s
reintroduction of “informal
conferencing click on this link - (Thanks to Adele Abrams, Esq.) http://www.mshaenforcementalerts.com/conduct.php |
Register for the May 21-25, 2012 Law Institute
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Judge Invalidates Flagrant Violation Rule!
MSHA Enforcement Costs 5 More Jobs
Most Promising Safe Production Officer October 2011 Institute
Eric Gamble This Aggregates USA Regional Manager is not only a strong leader within Aggregates USA, he was an influential leader throughout the October 2011 Law Institute. He shared his knowledge and experience very freely with all in the class. Eric is a Mining Engineer, a newly-wed and lives in Knoxville, TN with his wife Elizabeth. He is also close to completing his MBA degree. $afepro
and the Industry congratulate Mr. Gamble and Aggregates USA upon
his selection as MPSPO by his peers. He definitely represents the
leadership and character the Industry needs in this difficult
economic and unconstitutional enforcement period! |
October 2011, 2011 MS&H Law Institute
Chip Rounds, Dale Siel, Darrell Kashmer, Ed Johannes, John Masucci, Meghan Cleason, The Dolomite Group, Chris Martin, Jason Gwynne, Nathan Curtis, SWN Sand, Mike Lovejoy, Wade Burr, Jeff Sajec, Lance Muzyka, Kiewit Mining Group, Chris Proctor, Austin Powder, Dan Kuper, L.G. Everist Company, Don Kraupa, Mark Ostwalt, Tim Ledford, Orica USA, Franck Meunier, Imerys, Eric Gamble, Walter Hillis, Aggregates USA, Jake Friars, Lehigh Cement, Judi White, Keith Everett, KaMin LLC, Richard Bertonazzi, Whibco, Inc., Shane Bloomfield, Salt River Materials Group, Steve Willis, Luck Stone, Scott Gray, Wingfoot Commercial Tire Systems, LLC This group came to Savannah, GA. to add information to their experience that would result in meeting their elevated safety and compliance goals. The information they gained from class and each other prepared them to lead their Firms to new and grander achievements. The Graduates of this Institute represent Production and Independent Contractor Companies from across the Nation. They brought broad and priceless experience with them and did not hesitate to share it with each other. These Graduates will make our Industry stronger! (Some Firms asked that
the Company name, pictures and the names of their participants
not be placed on the Internet
due to the perceived threat of retaliatory inspections by
MSHA district and field offices. We
complied with their wishes. $afepro) |
Tips for Communicating Effectively with Congresspeople
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. |
Notice Being Distributed by M/N MSHA District
What Training are inspectors getting from MSHA
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Freedom of Information Act and Inspector's Notes Page (You will need to use this to get "the inspector's notes"!) |
0 Citation Inspections 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
Succinct Info on MSHA Enforcement Abuse from S.C.
IOWA MINERS 'REVOLT' OVER MSHA
Nebraska Forum Questions MSHA enforcement
Rep. Rehberg Looks Into Attack on Montana's M/N Mining Industry by MSHA
District Manager threatens Large M/N Surface Producer!
More Attempted Law & Enforcement Instant Rulemaking
MSHA Does Not Want M/N Surface Producers at POV Hearings!
Sen. Thune (SD) Calls for IG Investigation of MSHA Enforcement
MSHA's Illegal Enforcement Continues!
Judge Scolds MSHA Over Part 46 Orders
MSHA managers paying no attention to PIL NO. I10-V-17 (Enforcement Policy Reminder).
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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. |
New Rules for M/NM Operators Suggested by MSHA Permission to post this crucial article comes from Jim Sharpe. Jim has offered any Operator a free month trial to Sharpe's Point simply by going to website: http://www.sharpespoint.com , calling or faxing requests to Tel: 703-379-0652, Fax: 914-840-0716, or emailin: mailto: info@sharpespoint.com. This investigative reporter's up-to-the-moment info is essential to making good business decisions in 2011. |
MSHA publishes "No citation/order Quota" Procedure Instruction Letter! Read
this PIL carefully! Hold inspectors accountable for following
every word of it! Provide a copy of the PIL to your Lawyers!
Contest all citations issued without the inspectors following
the orders given in the PIL! ie: "citations
and orders issued for violations of mandatory safety and health
standards and regulations are to be based on observations made
or information gathered in the course of conducting an inspection
or investigation." |
Mine Inspection Disneyworld Style! $afepro received this email from a respected Firm that does business professionally and well. It has been "sanitized" to protect the Company, its Officers, Supervision amd Miners from "unearned harrassment"! “MSHA just inspected the VWXYZ quarry that supplies rock for ********* and just got one citation from inspector (Name Withheld to Protect the Malefactor)in the closing minutes of the inspection. The citation was for a lack of an MSDS sheet for a can of hairspray found in a file drawer in an office that had been used by a former female employee. That will keep the miners safe for another 6 months.” If you have the "Safe Workplace" each shift and your "house" is clean; then like this example, you know when you have received "phony paper" and what to do about it! Your Senators and Representatives need to see this email this week before next Tuesday's mid-term election. Remind them that your vote will be determined by their support for your job. This could only be misfeasance (in law, the abuse of lawful authority in order to achieve a desired result) on the part of MSHA! |
On July 7 2010 Admin. Law Judge Rae ruled that MSHA(Sec. of Labor) had not met the burden of proof that the scales required rails as cited by MSHA. ALL Producers who have received Scales citations should take note and contact their attorneys! Adele Abrams, Esq. appeared on behalf of the Producer. |
| 11 Circuit of Appeals Full Ruling - NMA vs MSHA - MSHA Cannot Make It UP! |
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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". |
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Click here for "FORMAL CONTESTMENT" procedure. Do Not Confuse this with "Informal Conferencing"! |
