Congratulations to Knife River Corp. and their attorney Adele Abrams, Esq. This is the May 2012 ALJ McCarthey Ruling on "are truck scales roadways?". It is not yet up on The FMSHRC website. They have proven the 16th Principle of $afe Production, $afe Production is doing the right thing because it is the right thing to do.

Knife River Corp., NW

                   Contestant

          VS.

Secretary of Labor,

Mine Safety and Health

Administration (MSHA)

          Respondent

IV. ORDER

          The truck scale of the Paetsh pit is not a roadway or part of the mine’s roadways under section 56.9300. The Secretary failed to prove by a preponderance of the evidence that the scale has a drop-off of sufficient grade or depth to cause a vehicle to overturn or endanger persons in the equipment. It is ORDERED that Citation No. 8599811 and failure to abate Order No. 8599817 be VACATED. Accordingly, Knife River is not required to install mid-axle berms or guardrails on the Paetsch Pit truck scale.

                                       Thomas P. McCarthy

                                      Administrative Law Judge