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This Non-S&S citation has the
inspector leaping from an "Unlikely Occurrence"
to a "Fatal Injury" because a label had
weathered off the equipment. LAW-trained people
would ask him for proof of his assumption of
death. The Constitution of the US, Bill of
Rights, Amendments I & IV require such to be "by
Oath or affirmation". This guess on the
inspectors part is not supported by either.
MSHA Policy Manual, Vol. I,
page 21, "the Secretary of Labor must
prove." This is a Constitutional
Right! The agency must prove you wrong. You do
not have to prove that you are right!
Citations must be examined
closely to ascertain that they are legitimate
when compared to the Constitutional and Legal
requirements which the inspector must meet to
ensure that the citation is legitimate. Part of
this requirement is found in THE ACT Sec. 104(a).
"Each citation shall be in writing and shall
describe with particularity the nature of
the violation, including a reference to the
provision of the Act, standard, rule,
regulation, or order alleged to have been
violated."
Particularity means exactness. This
narrative does not meet that. There is no
support given for the inspector's hypothetical
fatality or Negligence!
Fine based on March 2008 Penalty
Table for this small solely-owned operation -
$17,301.00
Training your people will not cost anywhere near
that much and is the most effective defense
against being put out of business for
questionable non-compliance enforcement!
To
register for the Feb. 8-12, 2010 MS&H LAW Institute
Click:
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