  
The inspector wrote this citation (see arrows) as: 1. Reasonable likely to occur 2. Lost workdays 3. S&S 4. Moderately Negligent
Narrative from the citation
A- Where is the hazard?
B- At what point in his enforcement training did the inspector become a Mechanical Engineer capable of looking at a 3/4 inch bolt and determining by "eyeball" that its tensile strength was less than the standard "pull pin" used by the manufacturer?
C- What qualifies him to assume that miners would crash the equipment?
D- Where is the proof that the tensile strength of the bolt is less than that of a manufactured "pull pin"?
E- Isn't the "burden of proof" given constitutionally to the Sec. of Labor (MSHA)?
Information available from the manufacturers of both the "pull pin' and bolt can be found on the internet. FYI: the tensile strength of both exceeds the requirements of the manufacturer! This citation is being formally contested on those grounds!
MSHA inspectors are not the "experts" about hazards on your site. You and your people are! Don't allow your uncertainty about the inspector's expertise and authority cause you to give your constitutional protections away! If you do, "it will be used against you in a court of Law".
Register for the Feb 8-12, 2010 MS&H LAW Institute!
|
