FORMAL CONTESTMENT & EXPEDITED HEARINGS PROTECT PRODUCTION COMPANIES

           I have just returned from Seminars in the Mid-west and saw that MSHA Districts are running rough-shod over these  firms. Upon my return, I opened two e-mails from both coasts and the questions were the same! "Is MSHA on a citation writing binge?" The answer is yes! It looks like a tough year for the Industry as the Agency positions itself to show the new Administration that it is needed. They do this with high numbers of citations to confirm that you are not meeting the Law without strong Federal enforcement. Therefore, their budget request to Congress stands a better chance of being met.

            Going to MSHA-sponsored Spring Thaws, Etc. will not give you the needed info.. Wining and dining MSHA managers and inspectors will not give the Industry the results it is looking for! Being right and standing up to them is your best defense against the unfair campaign they are waging.

            Knowing the Mine Health & Safety Act of 1977 is vital. One of the rights the Industry is given under Sec.105 is Formal Contestment of citations with which we disagree. It is a simple procedure requiring that the Company send a letter within 30 days from the date on the citation to Mine Safety and Health Review Commission and a copy to the Solicitors Office, MSH. This should be sent by certified mail, return receipt requested.

            This is formal contestment and stops the clock on the citation until all hearing procedures (including Courts of Appeal) are exhausted. Only then does the clock start running if the ruling is unfavorable to the Company. The hazard must then be abated and the assessment proceeds. If the finding is in favor of the Company then nothing else is necessary.

            Do not consider this the same as the informal conferencing where you have called the Regional Manager to air your grievance. The clock is still running during informal conferencing on the citation and if it takes you longer than 30 days to get an answer with which you are satisfied you have passed the mandated period for contestment.

            None of this procedure necessitates a lawyer through the Administrative Law Judge phase. The average Law-Trained Safety Dept. can handle the process through the ALJ hearing. After that legal counsel is recommended.

            For complete details and procedures to formally contest click the red link below.

Click for Vital Information on Conferencing Citations/Orders