Hey Frank,
 
I wanted to let you know that we had MSHA Inspections yesterday at two of our mines with 0 citations. The thing about one of the inspections was that we were told to be there 45 minutes before the shift started so the inspector could watch us do our preshift inspection on our equipment. He told us, while we were doing the preshift inspection, if we found something that needed repair, he would cite us for that because the equipment is on the ready line and was not tagged out. This is just another underhanded way to get a citation. The company that we are working for did get a S&S citation for a backup alarm that did not function during the preshift inspection. They were not given the opportunity to tag the truck out. They tried to talk to the inspector about the citation and his remark was that he could write the citation because he was there. After going to the institute I know this is a bad citation. I just wanted you to know the latest.
 
Thanks,
Contractor Safety Manager

Thank you and I am pleased that your Law knowledge allowed you to spot the problem with this obviously over-zealous enforcement attempt! $afepro reminds you that the equipment examination standard (56.1400) as passed by the Congress grants the equipment operator the "Right" to examine the equipment before it is put in service. No autocratic MSHA inspector or his superiors have the constitutional or legal authority to deny the Operator his rights. Formal contestment is the right decision!

MSHA is practicing improper rule making again. The inspector has no legal or constitutional right or authority to require you and your people to come to work early or in any manner direct the work at your site! The only way he has that authority is for you to give it to him either through ignorance of your rights or fear of the inspector. Many will go out of business in 2010-11 because they do not know the Law!

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