These inspector's note taking requirements are directly quoted from the official MSHA training handbook from which all M/N inspectors are allegedly trained. Read Paragraph A from the handbook. You will better understand the importance of routinely getting his notes through FOIA after every inspection. This is the sort of need-to-know info that will be taught in the Oct. 22-26 Law Institute. We have only 17 seats left in that class. $afepro

Metal and Nonmetal General Inspection Procedures Handbook

CHAPTER SEVEN – INSPECTION NOTES, PHOTOGRAPHS AND OTHER

DOCUMENTATION

A. Documentation

Inspectors are responsible for accurately documenting information collected or observed during on-site activities and entering it promptly, if appropriate, into MSHA’s database. They are also responsible for assuring that the information they collect which is not entered into MSHA’s database (e.g., safety or health field notes) is accurate and represents conditions or activities present at the time the notes were taken. Finally, they are responsible for accurately completing applicable Agency forms relative to the activity conducted.

Inspectors are also responsible for taking clear, concise, detailed, and factual notes in ink for all inspections or investigations, particularly those involving enforcement activities. Enforcement activities include activities where citations and orders could be or will be issued. Examples of these activities include, but are not limited to:

Regular inspections

Compliance follow-up (spot) inspections

Hazard complaint inspections (verbal and written)

Attempted inspections

Miscellaneous inspections or other enforcement activities

Gassy mine inspections (103i)

Accident investigations

Part 50 audits

Complete, legible, and factual notes are essential to evaluate and assess enforcement actions, conduct inspection conferences, defend enforcement actions, accurately respond to correspondence, determine what portions of a mine, mill, or equipment were or were not inspected, and facilitate testimony in judicial proceedings. When conducting any enforcement activity, general field notes and citation and order documentation shall be substantially completed while inspectors are on the mine or mill site.

Further, arrival and departure times shall be documented in the inspector’s general field notes for each day he or she conducts or is involved with a regular inspection. The lead inspector of a group of inspectors conducting inspections should also take appropriate steps to assure that each inspector’s notes are identifiable as coming from a

particular inspector.